Hohenthal v. Turnure

Citations

• 50 Tex. 1
• 1878 Tex. LEXIS 106

Syllabus

<p>1. Practice in Supreme Court —Delay in filing.—Defendant in error may accept service of citation and file the transcript at a term to which, by reason of delay, the plaintiff in error could not, and obtain an affirmance of the judgment on the same without reference to merits.</p> <p>2. Case decided—Practice in Supreme Court—Delay.—Judgment was rendered November 18, 1875, for plaintiff. March 3, 1876, defendant filed petition and bond for writ of error. He died July 23, 1876. February 12, 1877, citation in error was issued and . returned not executed. October 5,1877, administration was opened on the estate. December 15, 1877, defendant in error indorsed on the petition in error his waiver of citation and acceptance of service in error. January IS, 1878, defendant in error notified the administratrix of his acceptance of citation in error. February 11, 1878, defendant in error filed the transcript. No appearance was entered for plaintiff in error. February 20, 1878, defendant in error filed motion for affirmance on the record without reference to the merits : Held, That defendant in error was entitled to such affirmance.</p>