Burleson v. Henderson
Texas Supreme Court
Error from Travis. Snit by Henderson, Governor, for the use of the State, against Nicholas Boyer, David Ilolduman, and Edward Burleson, upon a bond conditioned for the payment, by Boyer, to the collector of customs for the district of Galveston, &e.
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Error from Travis. Snit by Henderson, Governor, for the use of the State, against Nicholas Boyer, David Ilolduman, and Edward Burleson, upon a bond conditioned for the payment, by Boyer, to the collector of customs for the district of Galveston, &e. A citation was issued to each defendant, requiring- him “ to be and appear before the honorable tho District Court, to be held in and “ for the county of Travis, on tho second Monday after the first Monday “ in March next, to answer the petition of James B. Henderson, Governor, “ exhibited against him, a copy of which accompanies this writ,” &c.…
1Opinion of the Court
Hemphill, Oh. J.
The ground assigned for the reversal of the judgment rendered by default against the plaintiff in error and two others is the want of legal notice to this defendant in the court below of the pendency of the suit.
A citation ivas issued to eacii of the defendants, and by one of these the plaintiff in error was summoned to answer the petition of defendant here (who was plaintiff in the court below) exhibited against him, the two other defendants not being named in tlie citation. A copy of the petition served with the writ showed the suit was instituted against others as well as…
2Cited by6 opinions
- Odom v. PinkstonCourt of Appeals of Texas · 1946
- Day v. DayCourt of Appeals of Texas · 1940
- Frankenstein v. Acme Inv. Co.Court of Appeals of Texas · 1935
- Steel By-Products Co. v. Vernon Cotton Oil Co.Court of Appeals of Texas · 1923
- Farm and Ranch Freedom Alliance v. the Texas Department of Agriculture and Sid Miller, in His Official Capacity as Commissioner, Texas Court of Appeals, 3rd District (Austin)2025
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