Roberts v. Sollibellus
Texas Supreme Court
Error from Nacogdoches. Suit on a note by defendant in error against plaintiff in error. Judgment for plaintiff. Petition for writ of error, tile citation to be directed to Nacogdoches county, but no allegation as to the residence of the defendant in error. Citation issued May 9th, 1851, returned May 23d, 1851, “not found.”
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Error from Nacogdoches. Suit on a note by defendant in error against plaintiff in error. Judgment for plaintiff. Petition for writ of error, tile citation to be directed to Nacogdoches county, but no allegation as to the residence of the defendant in error. Citation issued May 9th, 1851, returned May 23d, 1851, “not found.” Another citation issued August 11th, 1852, without reciting tho former one, directed to be served on the defendant in error or his attorney of record Charles S. Taylor. Returned served on the attorney. The court in the opinion make no account of the allegation of residence…
1Opinion of the CourtLipscomb, J.
The act of the legislature directing the manner in which writs of error shall be granted, (Hart. Dig., art. 703,) among other things, has this provision : “ Upon the filing of any such petition the clerk shall issue a “citation directed to the sheriff of the county where the opposite party is al“leged to reside, together with a copy of the petition, commanding him,” &c., &c. Again, in the same article, “And if the party is a non-resident of the “State or cannot be found, the citation may be served on the attorney of “record.” A fair construction of the statute, it would seem, requires that in…
2Cited by8 opinions
- Weems & Waldo v. WatsonTexas Supreme Court · 1897
- Hinkle v. ThompsonCourt of Appeals of Texas · 1917
- Wilson v. John I. Adams & Co.Texas Supreme Court · 1878
- Cruz v. StateCourt of Criminal Appeals of Texas · 1914
- Saner-Ragley Lumber Co. v. SpiveyCourt of Appeals of Texas · 1921
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