Oliphant v. Dallas
Texas Supreme Court
Appeal from Washington. Suit by appellee against appellant, commenced March 2d, 1845, on a promissory note payable on or before the 1st of March, 1855. The citation was directed to, and served by the Coroner; the defendant moved to set aside the citation and service on the ground, 1st. That it was neither directed to nor executed by any officer known to the law for such purposes. 2d. That it was illegal and void. 3d.
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Appeal from Washington. Suit by appellee against appellant, commenced March 2d, 1845, on a promissory note payable on or before the 1st of March, 1855. The citation was directed to, and served by the Coroner; the defendant moved to set aside the citation and service on the ground, 1st. That it was neither directed to nor executed by any officer known to the law for such purposes. 2d. That it was illegal and void. 3d. That no authority is shown in the Coroner to execute said writ. Plaintiff amended Ms petition by alleging that he was Sheriff at the time of the institution of the suit, and…
1Opinion of the Court
Hemphill, Ch. J.
The errors assigned are,
1st. The refusal of the motion to quash the service and citation.
2d. The action was premature, the note not being due at commencement of suit.
*140The Sheriff of the county was the plaintiff, and the writ was addressed to the Coroner, and the substance of the objection to the writ is, that it was addressed to and served by the Coroner, there being no affidavit, nor even allegation in the petition, that the Sheriff.was a party to the action.
The necessity of such affidavit or allegation is supposed to be apparent from the provisions of the 185th and 186th…
2Cited by3 opinions
- Cox v. ReinhardtTexas Supreme Court · 1874
- Watkins v. P. J. Willis & Bro.Texas Supreme Court · 1883
- Magee v. RiceTexas Supreme Court · 1873