Coffee v. Silvan
Texas Supreme Court
Appeal from Caldwell. TMs suit was for lots in the town of Lockhart, which had been sold at Sheriff sale, under exeeution from a Justice’s Court, against the appellee, and which had been bought by appellant and others under whom he claimed. The appellee was plaintiff below. A jury was waived.
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Appeal from Caldwell. TMs suit was for lots in the town of Lockhart, which had been sold at Sheriff sale, under exeeution from a Justice’s Court, against the appellee, and which had been bought by appellant and others under whom he claimed. The appellee was plaintiff below. A jury was waived. The power of attorney from Silvan read thus, “ for me “ and in my name to sell and convey, rent or lease all real “ estate belonging to me in aforesaid county, which will appear “ by the records of said county, also to sue and be sued, plead “ and be impleaded, collect debts, pay demands and receipt for…
1Opinion of the CourtWheeler, J.
The questions presented by the record, which require notice, are, 1st. Whether the service upon the attorney was authorized and therefore sufficient to give the Court jurisdiction? 2nd. Whether the title of the purchaser at the Sheriff’s sale is void, by reason of the want of certainty in the entries and return upon the execution?
*358Whether the service upon the attorney was authorized and obligatory upon his principal depends upon the question whether it is competent for a party to constitute an attorney with the capacity “ to be sued,” or to be served with process in his place and stead. And we…
2Cases cited2 opinions
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Reid v. HeasleyCourt of Appeals of Kentucky · 1840
3Cited by14 opinions
- Fitch v. BoyerTexas Supreme Court · 1879
- Holmes v. BucknerTexas Supreme Court · 1886
- Owen v. City of NavasotaTexas Supreme Court · 1876
- Riddle v. BushTexas Supreme Court · 1864
- McKanna v. EdgarCourt of Appeals of Texas · 1964
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