Houston v. Darnell Lumber Co.

Court of Appeals of Texas

Houston v. Darnell Lumber Co.

135 S.W. 1065, 1911 Tex. App. LEXIS 129

CourtCourt of Appeals of Texas

DecidedMarch 16, 1911

StatusPublished

Cited by1 cases

This text of 135 S.W. 1065 (Houston v. Darnell Lumber Co.) 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

Houston v. Darnell Lumber Co., 135 S.W. 1065, 1911 Tex. App. LEXIS 129 (Tex. Ct. App. 1911).

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Opinion

LEVY, J.

This is a motion made by the defendant in error to dismiss the writ of error in this cause. The only ground therein we think that is availing is that the return on the citation in the record was not sufficient, under article 1398, Rev. St., to lay the basis for service upon the attorney of record. There was no service upon the defendant in error, nor any reason shown why there was none. The case of Vineyard v. McCombs, 100 Tex. 318, 99 S. W. 544, rules this motion, and the case is stricken from the docket of this court.

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LEVY, J.

This is a motion made by the defendant in error to dismiss the writ of error in this cause. The only ground therein we think that is availing is that the return on the citation in the record was not sufficient, under article 1398, Rev. St., to lay the basis for service upon the attorney of record. There was no service upon the defendant in error, nor any reason shown why there was none. The case of Vineyard v. McCombs, 100 Tex. 318, 99 S. W. 544, rules this motion, and the case is stricken from the docket of this court.

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Bluebook (online)

135 S.W. 1065, 1911 Tex. App. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-v-darnell-lumber-co-texapp-1911.

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