Thomson v. Bishop
Texas Supreme Court
Error from Washington. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. On the 24th of February, 1858, Bishop filed his petition against Thomson. Citation was issued, and returned “Executed March 9,1858, by serving the defendant with a true copy of this writ and a certified copy of plaintiff’s petition.” At the October term, 1858, judgment by default was rendered against the defendant.
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Error from Washington. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. On the 24th of February, 1858, Bishop filed his petition against Thomson. Citation was issued, and returned “Executed March 9,1858, by serving the defendant with a true copy of this writ and a certified copy of plaintiff’s petition.” At the October term, 1858, judgment by default was rendered against the defendant. On the 4th of January, 1859, Thomson sued out a writ of error. On the 15th of October, 1859, during the fall term of the district court, the sheriff, on motion of the plaintiff,…
1Opinion of the CourtMoore, C. J.
The only objection made to the judgment in this case is, that the amendment of the sheriff’s return of the original citation was made in the district court after the petition ■ for writ of error was filed, the writ of error bond given, and the citation in error duly served to bring before this court for correction the first judgment rendered in this case by the district court. Service of the citation in error having been perfected, it is claimed the jurisdiction over the ease was transferred from the district court immediately to this court, and that said amendment was, therefore, made corean…
2Cases cited2 opinions
- Hill v. FaisonTexas Supreme Court · 1864
- Perry v. RohdeTexas Supreme Court · 1858
3Cited by6 opinions
- Employer's Reinsurance Corp. v. BrockCourt of Appeals of Texas · 1934
- Mills v. MooreCourt of Appeals of Texas · 1928
- Anderson v. Aetna Casualty and Surety Co.Supreme Court of South Carolina · 1934
- Employer's Reinsurance Corp. v. BrockCourt of Appeals of Texas · 1934
- Mills v. MooreCourt of Appeals of Texas · 1928
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