Legal Opinion

Gainer v. Roberts-Johnson & Rand Shoe Co.

Court of Appeals of Texas

Decided June 15, 1912PublishedCited by 1 opinion

Error to District Court, Terry County; W. R. Spencer, Judge. Action between W. T. Gainer & Co. and the Roberts-Johnson & Rand Shoe Company. From a judgment in favor of the latter, the former brings error.

1Opinion of the CourtPresler, J.

In this case defendant in error presents a motion, asking that this case be dismissed, because, among other matters complained of, the return of the sheriff upon the citation in error is defective, in that it does not show that George W. Neill, attorney of record, was served with a copy of said citation in error. The return in question is as follows: “Sheriff’s Return.. Came to hand the 4th day of December, A. D. 1911, at 4 o’clock p. m., and executed the-4th day of December, A. D. 1911, by delivering to George W. Neill, attorney of record, for Roberts-Johnson & Rand Shoe Company;, returned…

2Cases cited1 opinion

  1. Gulf, Colorado & Santa Fe Railway Co. v. KoskaCourt of Appeals of Texas · 1893

3Cited by1 opinion

  1. Queen City Motor Co. v. Texas Auto Supply Co.Court of Appeals of Texas · 1921

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