Houston v. Ward
Texas Supreme Court
Error from Red River. This suit was originally commenced before a justice of the peace, on Lhe joint and several note of Houston, James & Tucker. The-defendants denied the execution of the note, and the justice gave judgment in their favor. The plaintiff obtained a certiorari, and the case was taken into the District Court. A citation from the clerk of the District Court to tiie defendants was returned, served on the two last, James and Tucker, and Houston not found.
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Error from Red River. This suit was originally commenced before a justice of the peace, on Lhe joint and several note of Houston, James & Tucker. The-defendants denied the execution of the note, and the justice gave judgment in their favor. The plaintiff obtained a certiorari, and the case was taken into the District Court. A citation from the clerk of the District Court to tiie defendants was returned, served on the two last, James and Tucker, and Houston not found. The record then set out, “This day came Jefferson Tucker and Christian James, by attorney, and this cause is ordered to be…
1Opinion of the CourtLipscomb, J.
It is believed that it would have been competent for the plaintiff in tiie court below to have entered a discontinuance as to Houston, on whom there liad been no service, and proceeded against tiie other two defendants. And till», we believe, was in effect done by tiie two parties going to trial, i. e., the two defendants, James and Tucker, it was, however, these two defendants and not Houston who so went to trial. The verdict of the jury was-against them, and it did not include Houston, just as it would have been if a discontinuance had been spread upon the record. Tiie judgment, however,…
2Cited by12 opinions
- J. M. Hamilton & Co. v. PrescottTexas Supreme Court · 1889
- Gullett v. O'ConnorTexas Supreme Court · 1881
- Danner v. Walker-Smith Co.Court of Appeals of Texas · 1912
- Burton Lingo Co. v. First Baptist Church of AbileneTexas Commission of Appeals · 1920
- Wilson v. SmithCourt of Appeals of Texas · 1897
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