Legal Opinion

Travis Refining Co. v. Osage Oil & Gas Co.

Court of Appeals of Texas

Decided April 23, 1924No. 2313Published

Error from District Court, Wichita County; E. W. Napier, Judge. Action by the Osage Oil & Gas Company against the Travis Refining Company, in which defendant filed a cross-action against R. F. Morgan and the Lewis Oil Corporation. The Lewis Oil Corporation was dismissed from the case, and defendant’s motion to postpone trial was overruled, and defendant brings error.

1Opinion

On Motion for Rehearing.

HALL, C. J.

The Lewis Oil Corporation was interpleaded by plaintiff in error as its warrantor of the title to the lease. Because of the want of proper service of process upon it, the trial judge dismissed the Lewis Oil Corporation from the case, and its action is assigned as error here and made one of the principal grounds of complaint. Until the Lewis Oil Corporation has been brought to this court, and we have acquired jurisdiction over it, in accordance with the provisions of the statute, we cannot adjudicate any question affecting its liability. The Lewis Oil…

2Cases cited2 opinions

  1. Pryor v. KrauseCourt of Appeals of Texas · 1912
  2. Reilly v. HanaganCourt of Appeals of Texas · 1920

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