Legal Opinion

Rutta v. Laffera

Court of Appeals of Texas

Decided February 3, 1883No. 1399, Op. Book No. 2, p. 685Published

Error from Fayette-County.

1Opinion of the Court

Opinion by

Willson, J.

§ 822. Citation; must state the court in which the suit is pending. This suit was instituted in the county court of Fayette county. The citations served upon the defendants notified them to appear before the district coicrt of that county. Judgment by default was rendered against defendants. Held, the citations were unquestionably defective. They summoned the defendants to appear before a different court from the one in which the suit was pending. One of the most material requisites of a citation is that it shall name the court before which the defendant is summoned to…

2Cases cited5 opinions

  1. Covington v. BurlesonTexas Supreme Court · 1866
  2. Boles v. LinthicumTexas Supreme Court · 1877
  3. Long & Berry v. GarnettTexas Supreme Court · 1876
  4. Burton v. VarnellTexas Supreme Court · 1849
  5. Ledyard v. BrownTexas Supreme Court · 1873

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