Hubb-Diggs Co. v. Mitchell
Court of Appeals of Texas
Appeal from Coleman County Court; L. G. Matthews, Judge. Suit by W. I. Mitchell against Hubb-Diggs Company. Default judgment was rendered for plaintiff, and from an order overruling defendant’s motion for a new trial, defendant appeals.
1Opinion of the CourtBrady, J.
Appellee sued appellant, a corporation, in the county court of Coleman county, for damages for breach of contract, in the sum of $969.50. The petition was filed April 7, 1920, and on the same day a citation was issued and duly served upon appellant, commanding it to appear “on the first Monday in July, 1920, the same .being the 5th day- of July, 1920.” The return day stated in this citation was incorrect, and should have been the first Monday in June, being the 7th day of June. Having discovered the mistake, appellee’s attorneys procured the issuance of another citation, giving the correct…
2Cases cited29 opinions
- Fuqua, Hinkle & Davis v. Pabst Brewing Co.Texas Supreme Court · 1897
- Texas & Pacific Coal Co. v. LawsonTexas Supreme Court · 1896
- Texas Brewing Co. v. TemplemanTexas Supreme Court · 1896
- Chapman v. ChapmanTexas Supreme Court · 1895
- Segal v. McCall CompanyTexas Supreme Court · 1916
24 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Metts Et Ux. v. WaitsCourt of Appeals of Texas · 1926
- Hubb-Diggs Co. v. MitchellCourt of Appeals of Texas · 1923
- Borger v. Mineral Wells Clay Products Co.Court of Appeals of Texas · 1935
- State v. Ford Motor Co.Court of Appeals of Texas · 1943
- Caldwell Oil Co. v. HickmanCourt of Appeals of Texas · 1925
1 more not listed; retrieve them via the Exa API.