Lewis v. R. & D. G. Mills & Co.

Citations

• 29 Tex. 124

Syllabus

<p>Where a writ of error has not been properly served it will be dismissed, though the defendant in error may have appeared in this court and waived service, provided the plaintiff in error make no appearance, and there is no proof that he had notice that the cause was pending in this court. (Paschal’s Dig., Art. 1495, Note 587.)</p> <p>But where the plaintiff appears and moves to dismiss his own writ, and the defendants suggest delay,_ the writ will not be dismissed.</p>