Rosenthal v. Distillers Distributing Corp.

ATWELL, Chief Judge.

The defendants’ motions to quash service, because not doing business in Texas, were sustained on March 20, without dismissing the case which was set on its merits, for June 21, 1950, and if no service is had it will then be dismissed without prejudice.

Several days after the service was quashed, the plaintiff secured from the clerk a writ of distringas, which commanded the marshal to seize certain personal property in an office in Dallas. That writ was improvidently issued by the clerk and the court suggested to the marshal that he should return it to the clerk, and the…