United States Fidelity & Guaranty Co. v. Daniel

The motion is based on facts (as appears in the record) as follows: (1) That service of the citation in error issued December 3, 1931. on defendant in error Rembert National Bank was had by delivering a copy of the writ to “ J. E. Rea, Cashier”; (2) that service of said ■citation was had on defendant in error East Texas Theatres, Inc., a private corporation under the laws of Texas, by delivering a copy thereof to “G.. R. Wiess, Mgr.”; (3) that, while said citation was also to defendant in •error A. F. Eggleston, it was not served on him because he was out of the county (Gregg) in which the…