Earnest v. Couch

On Motion for Rehearing.

We adhere to the ruling that as service of writ of error was sought to be effected through the individual drainage commissioners, it was necessary that each such commissioners be served.

The statute (article 8174) provides that drainage districts may be sued “through their commissioners.” That does not mean through one commissioner, or two, but all three, commissioners. The same rule would apply, as a matter of course, to service of writ of error. And such service must be upon commissioners in office at the time of service, not former .commissioners.

Plaintiff in error…