Hohenthal v. Turnure
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Mastersou. This was a motion filed February 20, 1878, by defendant in error, to affirm on the record filed by him without reference to merits. The assignment to which the cases from Harris county were returnable was fixed for February 18, 1878. There was no appearance for plaintiff in error.
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Error from Harris. Tried below before the Hon. James Mastersou. This was a motion filed February 20, 1878, by defendant in error, to affirm on the record filed by him without reference to merits. The assignment to which the cases from Harris county were returnable was fixed for February 18, 1878. There was no appearance for plaintiff in error. The court overruled the motion and (March 12) dismissed the cause because the citation in error had not been issued and served so as to give jurisdiction at the term. March 29 the judgment dismissing the cause was suspended and cause transmitted to…
1Opinion of the Court
Gould, Associate Justice.
The death of plaintiff in error, after filing petition for writ of error and the approval of his supersedeas bond, but before service of citation in error and before making an assignment of errors, did not, under the statutes of this State, abate the writ of error. The evident spirit and design of the various statutes on the subject of the death of parties to a suit is that the suit or proceeding shall not abate. (Paschal’s Dig., arts. 6, 7, 13, 1573, 6463.)
Although the jurisdiction of this court does not attach for the purpose of adjudicating the case until service…
2Cases cited3 opinions
- Holloman v. MiddletonTexas Supreme Court · 1859
- Beavers v. ButlerTexas Supreme Court · 1867
- Davenport v. FieldTexas Supreme Court · 1854
3Cited by3 opinions
- United Employers Casualty Co. v. SkinnerCourt of Appeals of Texas · 1940
- Cruz v. StateCourt of Criminal Appeals of Texas · 1914
- Ritchey v. SeeleyNebraska Supreme Court · 1903