Legal Opinion

Wheat v. Ward County Water Improvement Dist. No. 2

Court of Appeals of Texas

Decided December 18, 1919No. 1034Published

Appeal from District Court, Ward County; Chas. Gibbs, Judge. Action by the Ward County Water'Improvement District No. 2 against J. J. Wheat and others. From a judgment for plaintiff, the defendant named appeals.

1Opinion

On Motion for Rehearing.

It is urged that there is no proper service upon the nonresident defendants.

[6, 7] The citation in delinquent tax suits would not be under article 1874, Vernon’s Sayles’, as suggested by appellant, but article 5107 — 46 of 1918 Supplement Vernon’s Sayles’ controls as to citation in this case. The cited article provides, “and shall be served with process * * * as provided by law for suits of like character,” etc.— that is, suits for delinquent taxes. Now, article 7698, Vernon’s Sayles’ is the article providing for citation in suits against delinquents unknown or…

2Cases cited3 opinions

  1. Earnest v. GlaserCourt of Appeals of Texas · 1903
  2. Kenson v. GageCourt of Appeals of Texas · 1904
  3. Unknown Owner v. StateCourt of Appeals of Texas · 1909

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