Moseby v. Burrow
Texas Supreme Court
Error from Be Witt. Tried below before the Hon. B. B. Claiborne. Suit brought by the defendants in error, FT. B. Burrow and wife, against the Gajoso Savings Institution, a banking corporation created under the laws of the State of Tennessee, and to recover the value of°$7,000 in United States bonds deposited by Mrs. Burrow with said bank as a special deposit, which, by the corporation, was converted to its owm use.
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Error from Be Witt. Tried below before the Hon. B. B. Claiborne. Suit brought by the defendants in error, FT. B. Burrow and wife, against the Gajoso Savings Institution, a banking corporation created under the laws of the State of Tennessee, and to recover the value of°$7,000 in United States bonds deposited by Mrs. Burrow with said bank as a special deposit, which, by the corporation, was converted to its owm use. An attachment was levied upon certain lands which had been bought by the bank, paid for with its funds, and the title thereto taken in the name of E. M. Avery as its cashier.…
1Opinion of the Court
Bonner, Associate Justice.
The first error assigned is, that the citation by publication was not served by an officer authorized by law to make such service.
If the citation had been improperly served by a constable, it is sufficient, as to plaintiff in error Moseby, to say that he appeared and answered.
By statute of 1850, (Paschal’s Dig., art. 995,) the constable, in certain contingencies, was authorized to execute process, and as to the other defendant below, the Gayoso Savings Institution, which does not appeal, it would, if necessary, be reasonable to indulge the presumption that one of…
2Cases cited11 opinions
- Watts v. Waddle Ex Rel. LeonardSupreme Court of the United States · 1832
- Paschal v. AcklinTexas Supreme Court · 1863
- Slee v. BloomNew York Court of Chancery · 1821
- Andrews v. BeckTexas Supreme Court · 1859
- Simpson v. FosterTexas Supreme Court · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Texas & Pacific Railway Co. v. GayTexas Supreme Court · 1894
- Coca-Cola Co. v. Harmar Bottling Co.Texas Supreme Court · 2006
- State v. DyerTexas Supreme Court · 1947
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Holt v. GuerguinTexas Supreme Court · 1914
37 more not listed; retrieve them via the Exa API.