Lewis v. Hutchison

Opinion by

Willson, J.

§79. Cleric of court; if a party to suit cannot issue process, etc. Appellee, Hutchison, sued appellant, Lewis, and Thomas A. Wythe in the county court of Parker county upon a promissory note. At the time of the institution and during the pendency and trial of the suit said Wythe was the clerk of said court, and as such filed the petition, issued citation, etc. Lewis moved to quash the citation served upon him because Wythe was disqualified to issue the same. This motion was overruled, and judgment was rendered in favor of appellee against *119appellant and Wythe for the…