Liles v. A. Woods & Co.
Texas Supreme Court
Error from ¡Newton. Tried below before the Hon. W. H. Ford. This was a suit originally instituted,by appellees before a justice of the peace in Newton county. Exceptions to the service of citation were sustained April 9,1881, when Woods & Co. obtained leave to amend.
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Error from ¡Newton. Tried below before the Hon. W. H. Ford. This was a suit originally instituted,by appellees before a justice of the peace in Newton county. Exceptions to the service of citation were sustained April 9,1881, when Woods & Co. obtained leave to amend. On the 25th of June following, without new citation or service, the defendant Liles voluntarily appeared, and made no objection on account of service, but objected to the jurisdiction for the causes stated in the opinion. The suit was to recover damages for an alleged wrongful conver-, sion of cotton purchased by Woods & Co. from…
1Opinion of the Court
Stayton, Associate Justice.
Whether the citation and, notice served upon Liles were suEcient or not, it is not necessary, as the' *419case is presented by the record, to consider; nor is it necessary to consider the sufficiency of the service, for the court sustained exceptions to the service on the 9th of April, 1881, and continued the cause until the next term.
It does not appear that subsequent to that time any service was had upon Liles, and he was therefore under no obligation to appear; but the record shows that he did appear on the 25th of June, 1881, and took no exception to the…
2Cited by8 opinions
- York v. StateTexas Supreme Court · 1889
- Mabee v. McDonaldTexas Supreme Court · 1915
- Rice, Stix & Co. v. PeteetTexas Supreme Court · 1886
- Phillips v. the MacCabeesCourt of Appeals of Texas · 1932
- Walter A. Wood Mowing & Reaping MacHine Co. v. EdwardsCourt of Appeals of Texas · 1895
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