Ward v. Lathrop
Texas Supreme Court
Error from Matagorda. Suit on promissory notes, by the defendants in error against the plaintiff' in error. It appeared by the original petition, that both parties were non-residents of the State; and it did not appear that the defendant had any property in the State. The suit was brought to the Fall Term, 1848 ; and the citation was returned not found.
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Error from Matagorda. Suit on promissory notes, by the defendants in error against the plaintiff' in error. It appeared by the original petition, that both parties were non-residents of the State; and it did not appear that the defendant had any property in the State. The suit was brought to the Fall Term, 1848 ; and the citation was returned not found. On the 7th of April, 1849, the following agreement was filed : “ In the above cause, it is agreed, by the attorneys of the “ parties, that publication in order to cite the defendant, shall “ not be made, to avoid expense; and the defendant by…
1Opinion of the CourtWheeler, J.
This case was before the Court, at its December Term, 1849, by writ of error, brought by the present plaintiff in error, who was defendant in the Court below. The judgment was reversed and the cause remanded, because there was not sufficient matter, appearing upon the face of the petition, to give the Court jurisdiction. It appeared that both plaintiffs and defendant were non-residents of the State ; and there was no averment that the defendant had property or effects within the State. There could be no intendment to that effect, in the absence of an averment. There appearing, therefore, by…
2Cited by23 opinions
- Morrison v. WalkerTexas Supreme Court · 1858
- Tarkinton v. C. E. Broussard & Co.Texas Supreme Court · 1879
- Fuller v. El Paso Times Co.Texas Commission of Appeals · 1922
- Elmo v. JamesCourt of Appeals of Texas · 1926
- McDannell & Co. v. CherryTexas Supreme Court · 1885
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