Bailey v. Morgan
Texas Supreme Court
Appeal from Polk." Action by the appellants against the appellees, and others unknown, stockholders in the town of Swartwout. The petition set forth the articles of agreement between several of the plaintiffs and defendant Morgan, by which they formed an association for laying out the town of Swartwout, and issuing stock, selling lots, &c.
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Appeal from Polk." Action by the appellants against the appellees, and others unknown, stockholders in the town of Swartwout. The petition set forth the articles of agreement between several of the plaintiffs and defendant Morgan, by which they formed an association for laying out the town of Swartwout, and issuing stock, selling lots, &c. Each of the parties had put in fifty acres of land, all adjoining; and some of them were to attend to the business at home, while defendant Morgan was to attend to the interests of the association abroad, in selling stock, &c. It was alleged that owing to…
1Opinion of the CourtWheeler, J.
The only ground on which, it is perceived, the defendant Morgan could take exception to the defective citation or service by publication on unknown parties, is that it occasioned unnecessary costs. On this ground he perhaps was properly heard to make the objection ; and as the publication could not have the effect to make parties, persons not named, the citation was properly quashed at the costs of the plaintiffs. But the quashing of the citation or service did not authorize the dismissal of the petition. It appears to have been dismissed because the plaintiffs did not ask an alias citation.…
2Cited by7 opinions
- Dunn v. TaylorCourt of Appeals of Texas · 1906
- Hicks v. Southwestern Settlement & Development Corp.Court of Appeals of Texas · 1945
- Hess v. WebbTexas Supreme Court · 1909
- Conroy v. CoverSupreme Court of Colorado · 1926
- Kelly v. W. C. Turnbow Petroleum Corp.Court of Appeals of Texas · 1940
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