Jones v. City of Jefferson

Citations

• 66 Tex. 576
• 1 S.W. 903
• 1886 Tex. LEXIS 572

Syllabus

<p>1. Corporation—Agent—Citation—Practice—A corporation may appear and quash a citation issued in a suit against it by showing that the person on whom it was served was not its officer or agent; and either by motion or original suit it can have a judgment by default set aside by proving that the person cited was not its agent or officer authorized by law to be served.</p> <p>2. Same—From the decisions it would seem that when it is brought to the knowledge of the court, by the affidavit of the person upon whom the citation has been served, that a judgment by default is being sought against a corporation by service upon him as its officer or agent, and that he is not such, the court would have the power to inquire into the fact before proceeding to judgment.</p> <p>3. Same—Friend of the court—The office of a friend of the court is restricted to making suggestions as to questions apparent upon the record, or matters of practice presenting themselves for determination in course of proceedings in open court. (Probable powers discussed.)</p> <p>4. City officers—Resignations—The revised Statutes provide that resignations of officers must be made to the city council, in writing, subject to their approval or acceptance; that the officers of a city shall hold their offices until the election and qualification of their successors, and that in case of a vacancy the office must be filled by an election. (R. S., arts. 492, 344, 352-353.)</p> <p>5. Same—An officer whose resignation has been tendered to the proper authority, and accepted, continues in office and is not released from its duties and responsibilities until his successor is appointed or chosen and qualifled. (Badger v. IT. S., 93 TT. S., 599, cited and discussed.)</p>