Binyard & Waldrow v. McCombs, Keller & Bynes

Court of Appeals of Texas

Binyard & Waldrow v. McCombs, Keller & Bynes

1 White & W. 259

CourtCourt of Appeals of Texas

DecidedDecember 1, 1877

DocketNo. 237, Op. Book No. 1, p. 411

StatusPublished

This text of 1 White & W. 259 (Binyard & Waldrow v. McCombs, Keller & Bynes) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Binyard & Waldrow v. McCombs, Keller & Bynes, 1 White & W. 259 (Tex. Ct. App. 1877).

Pincite

Opinion

Opinion by

White, J.

§ 520. Citation; defective as to time of appearance; judgment by default. The citation to defendants was issued December 29, 1875, and cited them to appear and answer in the suit on the third Monday in January, 1875. Held, that they were cited to appear at an impossible time, and that the citation was fatally defective and would not support the judgment by default.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

White, J.

§ 520. Citation; defective as to time of appearance; judgment by default. The citation to defendants was issued December 29, 1875, and cited them to appear and answer in the suit on the third Monday in January, 1875. Held, that they were cited to appear at an impossible time, and that the citation was fatally defective and would not support the judgment by default.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

1 White & W. 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/binyard-waldrow-v-mccombs-keller-bynes-texapp-1877.