Western Union Telegraph Co. v. Rosentreter
Texas Supreme Court
Appeal from Washington. _ Tried below before Hon. C. C. Garrett. The statement of the case as made in appellant’s brief, with some slight alterations which we have made, will disclose substantially the case. Some omissions therein will be hereinafter supplied from the record.
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Appeal from Washington. _ Tried below before Hon. C. C. Garrett. The statement of the case as made in appellant’s brief, with some slight alterations which we have made, will disclose substantially the case. Some omissions therein will be hereinafter supplied from the record. The statement is as follows: “This suit was begun by Otto Eosentreter filing his petition on February 13,1890, in the District Court of Washington County, Texas, asking for $2000 damages against the Western Union Telegraph Company for the grief, disappointment, and mental anguish suffered by the said Otto Eosentreter,…
1Opinion of the Court
MARR, Judge.
The first assignment of error relates to the refusal of the court below to quash the citation. In this action of the court we find no error. The citation required the defendant itself to appear and defend the suit—not its agent, as claimed by the appellant.
The second assignment of error questions- the refusal of the defendant’s application for a continuance. The court did not err in overruling it. The citation was seryed on the defendant’s agent upon the 14th day of February, 1890, yet no interrogatories were filed to be propounded to the witness, who resided in Galveston County,…
2Cases cited6 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. MillerTexas Supreme Court · 1890
- Western Union Telegraph Co. v. NeillTexas Supreme Court · 1881
- Western Union Telegraph Co. v. MooreTexas Supreme Court · 1890
- H. & T. C. R'y Co. v. SmithTexas Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
- Willson v. Northern Pacific RailroadWashington Supreme Court · 1893
- Western Union Tel. Co. v. WoodCourt of Appeals for the Fifth Circuit · 1893
- Potts v. Western Union Telegraph Co.Texas Supreme Court · 1891
11 more not listed; retrieve them via the Exa API.