Legal Opinion

G., H. & S. A. R'y Co. v. Gage

Texas Supreme Court

Decided December 19, 1884No. Case No. 5157PublishedCited by 41 opinions

Appeal from. Uvalde. Tried below before the Hon. T. M. Paschal. The appellee sued on a verbal contract with the agent of the appellant to recover for work done.

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Appeal from. Uvalde. Tried below before the Hon. T. M. Paschal. The appellee sued on a verbal contract with the agent of the appellant to recover for work done. After several pleas and exceptions had been overruled the appellant filed its answer to the merits, consisting of a general denial; also denying specially that appellee was engaged or contracted with by appellant to do any of the work described in the petition, alleging that “ all of the work of the character described in plaintiff’s petition, authorized by and done for the defendant company in the localities designated in the…

1Opinion of the Court

Stayton, Associate Justice.

The first service of citation was by leaving a copy of the citation and petition at the office of the appellant, in the city of San Antonio, during office hours.

A plea was filed, under oath, stating that the principal office of the company was, and at all times had been, in the city of Houston, Harris county, Texas, and that at no time had such office been in. the city of San Antonio, and it was asked that the service of citation be set aside. To this plea an exception was sustained, and we are of the opinion that this ruling was erroneous, for there is no authority…

2Cases cited5 opinions

  1. Houston & T. C. R. R. Co. v. BurkeTexas Supreme Court · 1881
  2. Sun Mutual Insurance v. Geo. Seeligson & Co.Texas Supreme Court · 1883
  3. Walker v. HallettSupreme Court of Alabama · 1840
  4. Oxford Iron Co. v. SpradleySupreme Court of Alabama · 1868
  5. Montgomery & Eufaula Rail Road v. HartwellSupreme Court of Alabama · 1869

3Cited by41 opinions

  1. Torrey, Davidson & Grosscup v. Wm. Cameron & Co.Texas Supreme Court · 1889
  2. Miller v. First State Bank & Trust Co. of Santa AnnaCourt of Appeals of Texas · 1915
  3. Employer's Reinsurance Corp. v. BrockCourt of Appeals of Texas · 1934
  4. Cannon v. CannonTexas Supreme Court · 1886
  5. Pecos & Northern Texas Railway Co. v. CoxTexas Supreme Court · 1913

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