Feibleman v. Edmonds

Citations

• 69 Tex. 334
• 6 S.W. 417
• 1887 Tex. LEXIS 828

Syllabus

<p>1. Pleading. — Even admitting that a defendant to a suit instituted in Texas can not be brought into court under citation served in another State, yet if he appears and moves to quash the service of the writ, he thereby impliedly waives all other objections to the writ, not then urged. If the motion be sustained, its effect is only to abate the writ; it does not operate a dismissal of the suit, and the plaintiff' may have service of citation within the State if the defendant can be reached.</p> <p>2. Service. — When a citation or service thereof is quashed on motion of defendants, the ease may be continued for the term; but the defendant will be deemed to have entered his appearance at the succeeding term of the court. If the motion to quash is not acted on during the term, but is passed to another term without action, the defendant will be treated as having appeared at the next term.</p> <p>3. Service. — The consequences as to service by notice being the same under the statute as service by citation, the effects of a motion to quash the two species of process must be the samé as to constructive appearance at the term following. This held without deciding that an appearance by a non-resident of Texas for the purpose of objecting to the right of a Texas State court to bring him within its jurisdiction by notice served without the State, can so bring him within the jurisdiction of the State as to require him to answer at the succeeding term.</p> <p>4. Jurisdiction. — Where against one of several defendants in a Texas State eourt, who is a resident citizen of another State, a recovery is sought in which his codefendants have no interest, and such defendant brings himself within the terms of the law entitling him to remove the cause to a United States court, the entire suit involving the rights of all the defendants must be removed.</p> <p>6. Same. — See opinion for facts under which it was held, after a motion to quash service and dismiss the suit had been made, and