Legal Opinion

Seybold v. Boyd

Texas Supreme Court

Decided July 1, 1855PublishedCited by 3 opinions

Error from Newton. Motion to dismiss.

1Opinion of the Court

Hemphill, Ch. J.

There was neither petition for the writ nor citation in this case, and the motion to dismiss must be sustained. These might have been waived either expressly, or by appearance of the defendant. But his appearance to move a dismissal does not waive or cure the defect.

It is ordered that the case be stricken from the docket.

Ordered accordingly.

2Cited by3 opinions

  1. Cravens v. WilsonTexas Supreme Court · 1877
  2. Rhoades v. El Paso & S. W. Ry. Co.Court of Appeals of Texas · 1921
  3. Farmers' State Bank of Newlin v. BellCourt of Appeals of Texas · 1915