Legal Opinion

Aspley v. Alcott

Court of Appeals of Texas

Decided January 12, 1907Published

Error from the District Court of Dallas County. Tried below before Hon. Thos. F. Hash.

1Opinion of the Court

Rainey, Chief Justice.

This is a motion by John Alcott, Vic and Elizabeth Bowles and J. E. Boyer to dismiss the writ of error herein, various reasons being assigned therefor.

On December 16, 1905, we dismissed a. writ of error in this same case for the want of service upon certain parties to the writ. Upon examination we find that the record fails to show service on J. E. Boyer, Mrs. A. E. Randall and H. G. Randall. They being parties to the writ it was necessary that they be served with process and as they were not served the writ of error will not be entertained. (Aspley v. Alcott, 90 S. W.…

2Cases cited6 opinions

  1. Ross v. McGowenTexas Supreme Court · 1883
  2. Missouri Pacific Railway Co. v. ScottTexas Supreme Court · 1890
  3. Wheeler v. StateTexas Supreme Court · 1852
  4. Scott v. CoxCourt of Appeals of Texas · 1902
  5. Roberts v. SollibellusTexas Supreme Court · 1853

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