Leidecker v. T. Ratto & Co.
Court of Appeals of Texas
Error from Galveston. County.
1Opinion of the Court
Opinion by
White, P. J.
§ 824. Writ of error; citation must be served on each defendant in error. The statute expressly provides that if there be more than one defendant in error a true copy of the citation in error shall be delivered to each of the defendants in person. [R. S. 1395.] That the defendants are partners does not affect the rule, or change or modify it. In Clark v. Thompson, 42 Tex. 128, it was held that service of citation upon one of several partners plaintiffs, against whom a writ of error had been taken, was insufficient. All the defendants in error must be served. And in…
2Cases cited4 opinions
- Thompson, Morris & Co. v. Pine & PoindexterTexas Supreme Court · 1881
- Summerlin v. ReevesTexas Supreme Court · 1867
- Crunk v. CrunkTexas Supreme Court · 1859
- Clark v. ThompsonTexas Supreme Court · 1874