Mitchell v. Reitz

On Motion for Rehearing.

Plaintiffs in error complain, in the motion, that the only case cited in the opinion having reference to service of citation by publication is Stephenson v. T. & P. Ry. Co., 42 Tex. 162, and contend that it announces a rule wholly inapplicable at this time because of the provision of article 1264, R. S., at the time of the rendition, of that opinion providing that, in service of citation by publication, the answer shall be filed on or before- appearance day of the next succeeding term to which such citation is returnable, and that, in the Stephenson v. Ry. Case,…