Hedges v. Armistead
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. B. T. Estes. Suit brought by appellees in justice’s court, on the 24th of September, 1881, against appellants; to recover the sum of $200, the alleged value of certain timber charged to have been cut and carried off. Service was had upon appellant Joe Hedges and upon W. J. Williams & Sons, by service upon W. J. Williams. On November 3, 1881, the case was tried by the justice.
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Appeal from Marion. Tried below before the Hon. B. T. Estes. Suit brought by appellees in justice’s court, on the 24th of September, 1881, against appellants; to recover the sum of $200, the alleged value of certain timber charged to have been cut and carried off. Service was had upon appellant Joe Hedges and upon W. J. Williams & Sons, by service upon W. J. Williams. On November 3, 1881, the case was tried by the justice. Judgment for appellees against appellants for the sum of $140. A motion for new trial made by appellants was by the justice overruled, and appellants appealed to the…
1Opinion of the Court
West, Associate Justice.
This suit was instituted and conducted against W. J. Williams & Sons and another. The service as to the firm was made on W. J. Williams alone, the senior member and head of the firm of W. J. Williams & Sons.
Under our statute (R. S., art. 1224), the effect of such service was to bring before the court the firm of W. J. Williams & Sons.
A judgment such as the one under consideration, rendered by-virtue of such service, is valid and effectual, not only against the firm, but under the terms of the statute is valid and binding against W. J. Williams in his individual…
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