Robertson v. BLACKWELL ZINC COMPANY INC.

The Court of Civil Appeals correctly held that there was a defect in parties defendant and that the judgment rendered by the trial court should be reversed and the cause remanded for new trial. Ambassador Oil Co. v. Robertson, 384 S.W.2d 752. The issue upon which this holding was based was properly presented by application for writ of error to the Court of Civil Appeals filed by parties not expressly named as defendants in the plaintiff’s trial petition but considered as parties to the suit by the trial court under the doctrine of virtual representation. Rule 42, Texas Rules of Civil…