Legal Opinion

Kimmell v. Edwards

Court of Appeals of Texas

Decided April 10, 1919No. 950PublishedCited by 4 opinions

Appeal from District Court, Taylor Coun- ' ty; Joe Burkett, Judge. Action by John C. Kimmell, Jr., against E. D. Edwards and others. Judgment for defendants, and plaintiff appeals.

1Opinion of the CourtHarper, C. J.

Appellant brought this suit to set aside a judgment by default against him, in favor of appellee, and to enjoin its execution upon the ground that he was not served with proper citation, in that he was a nonresident of the county in which the suit was filed, and that no copy of plaintiff’s petition was served upon him, as provided by statute in such cases, and that for that reason the judgment is void.

The defense pleaded is that a citation was served, and that by virtue thereof plaintiff had due notice of the fact that such suit was pending, * * * and of the judgment rendered, * * * and with…

2Cases cited3 opinions

  1. Kimmell v. EdwardsCourt of Appeals of Texas · 1917
  2. Missouri, Kansas & Texas Railway Co. v. RedusCourt of Appeals of Texas · 1909
  3. Kimmell v. EdwardsCourt of Appeals of Texas · 1917

3Cited by4 opinions

  1. Moore v. MooreCourt of Appeals of Texas · 1924
  2. Miller v. WinnCourt of Appeals of Texas · 1930
  3. Home Ben. Ass'n of Henderson County v. BoswellCourt of Appeals of Texas · 1925
  4. Miller v. WinnCourt of Appeals of Texas · 1930

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