Smith v. Montgomery

J.

Defendant in error has moved for dismissal of the writ 'of error, on the ground that some of the parties interested adversely to plaintiffs in error were not made parties to the petition for the writ, the citation in erro'r, or the writ of error bond. If the point is well taken, the omission is jurisdictional, and the motion to dismiss must be granted. The main suit has been here on appeal before. Montgomery v. Gallas (Tex. Civ. App.) 202 S. W. 993; 225 S. W. 557.

In the court below the heirs of Paul Gal-las, deceased, recovered a judgment against W. T. Montgomery, defendant in error herein,…