Sheldon v. City of San Antonio
Texas Supreme Court
Appeal from Bexar. The case was tried before Hon. Edmund J. Davis, one of the district judges. On the 6th September, 1859, Sheldon sued the city of San Antonio, before a justice of the peace, upon two coupons, each for $35. The summons was issued to “The Mayor of the City of San Antonio,” and served on the 21st January, 1859. The defendant, “without appearing,” moved to quash the citation, because the city was not made 'a party.
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Appeal from Bexar. The case was tried before Hon. Edmund J. Davis, one of the district judges. On the 6th September, 1859, Sheldon sued the city of San Antonio, before a justice of the peace, upon two coupons, each for $35. The summons was issued to “The Mayor of the City of San Antonio,” and served on the 21st January, 1859. The defendant, “without appearing,” moved to quash the citation, because the city was not made 'a party. The defendant plead the want of-authority to issue the bonds. The justice rendered a judgment for the plaintiff. The city prayed for a certiorari, urging the…
1Opinion of the Court
"Wheeler, O. J.
—The want of proper citation and service would not authorize the dismissal of the suit. And in Perry v. Rhode, where there was no service, and judg*180ment by default was given by the justice, and the defendant removed the cause into the District Court by certiorari, and that court refused to entertain the objection of want of service in the justice’s court, and to remand the case to obtain • service, this court affirmed the judgment. (20 Tex., 729.)
On the authority of that decision it must be held, that the court erred in dismissing the cause. The ground of the decision is, that a…
2Cases cited1 opinion
- Perry v. RohdeTexas Supreme Court · 1858
3Cited by1 opinion
- Gilleland v. StateTexas Supreme Court · 1875