Carson v. Dalton
Texas Supreme Court
Appeal from. Palo Pinto. Tried below before the Hon. J. B. Fleming. Appelleé, administratrix of the estate of M. L. Dalton, brought this suit against appellants, as partners under the firm name of Carson & Lewis, upon a promissory note as follows: “§>2,860, gold.
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Appeal from. Palo Pinto. Tried below before the Hon. J. B. Fleming. Appelleé, administratrix of the estate of M. L. Dalton, brought this suit against appellants, as partners under the firm name of Carson & Lewis, upon a promissory note as follows: “§>2,860, gold. Palo Pinto, Texas, March 20, 1876. “ One day after date we promise to pay to Lucinda Dalton, administratrix of the estate of M. L. Dalton, deceased, or bearer, at Palo Pinto, Texas, the sum of two thousand eight hundred and sixty dollars in gold, for value received of her, with interest at the rate of ten per cent, per annum from…
1Opinion of the Court
Delany, J. Com. App. —
The first assignment of error, which raises an objection to the citation, cannot be maintained.
When there are several defendants, the statute requires that a citation shall issue to each defendant. Pasch. Dig., art. 1430. The usual practice is that the citation issued to each one shall direct him to appear at the proper time and place, to answer the petition of the plaintiff exhibited against him and his co-defendants, naming them. This citation, with the copy of the petition, informs him of *502everything which may be necessary to his defense, viz.: The nature of the suit,…
2Cited by10 opinions
- Whitener v. W. B. Belknap & Co.Texas Supreme Court · 1896
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- Barber v. Intercoast Jobbers and BrokersTexas Supreme Court · 1967
- Buckaloo Trucking Company v. JohnsonCourt of Appeals of Texas · 1966
- Bough v. BoughCourt of Appeals of Texas · 1953
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