Gilbert v. Lobley

SPEER, Justice.

This is an appeal from a proceeding had under a motion for new trial in a suit in which defendants were cited by publication, under the provisions of Rule 329, Texas Rules of Civil Procedure.

By petition filed August 2, 1945, bearing docket No. 10484, styled Grady T. Chupp et al. vs. F. I. Bellows et al. in the District Court of Montague County, Texas, plaintiffs procured and had served, citation by publication as against all defendants.

The record before us does not contain the petition in the original suit but with a view to shortening the record counsel for all parties…