Stephenson v. Texas & Pacific Railway Co.
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. J. B. Williamson. The Southern Pacific Railroad Company brought suit by publication against Vernon K. Stephenson and W. B. Grubbs, alleged to reside in Hew York.
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Appeal from Harrison. Tried below before the Hon. J. B. Williamson. The Southern Pacific Railroad Company brought suit by publication against Vernon K. Stephenson and W. B. Grubbs, alleged to reside in Hew York. Petition was filed September 6, 1871, and on same day citation issued, upon which the sheriff made the following return: “Received in office September 6,1871, and executed the within writ by publishing the same in the ‘ Marshall Weekly,’ a newspaper printed and published in Harrison county, Texas, for four weeks next preceding the first Monday in October, 1871.” The citation was…
1Opinion of the Court
Moore, Associate Justice.
The petition for the writ of error shows that the counsel by whom it was drawn, owing to the unusual circumstances of the case, labored under great embarrassment in determining upon the proper course of proceeding to secure a review of the judgment. To guard against any mistake, either in respect to the parties to the’writ or its proper service, they have encumbered the record with impertinent averments and irrelevant and unnecessary matter.
The common-law strictness and regularity of proceeding in writs of error has never been observed or required in this court. When…
2Cases cited15 opinions
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- Indianapolis, Cincinnati & Lafayette Railroad v. JonesIndiana Supreme Court · 1868
- Paine v. Lake Erie & Louisville RailroadIndiana Supreme Court · 1869
- Hill v. FaisonTexas Supreme Court · 1864
- Bruffett v. Great Western Railroad Co. of 1859Illinois Supreme Court · 1861
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- City of Indianola v. Gulf, Western Texas & Pacific RailwayTexas Supreme Court · 1882
- Mabee v. McDonaldTexas Supreme Court · 1915
- Moore v. MillerCourt of Appeals of Texas · 1913
- Jeter v. JeterCourt of Appeals of Texas · 1926
19 more not listed; retrieve them via the Exa API.