Wheeler v. Ahrenbeak
Citations
- 54 Tex. 535
- 1881 Tex. LEXIS 60
Syllabus
<p>1. Judgment—Service — Minors.—A judgment is voidable when rendered against a resident minor defendant who has no general guardian, and who has not been served personally with process, even though he is represented by a guardian ad litem.</p> <p>2. Service—Statute construed.—The acceptance of service by a minor defendant is not equivalent to the personal service required by the statute to be made by the officer, and a judgment against the minor will be reversed on appeal or error, when this personal service has not been obtained.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that service is act “by an officer of the law which thereby gives jurisdiction to the court without the consent of the defendant”
- holding right of service could not be waived by minor even though \no injustice in fact was done by failure to serve the minor defendants personally with process\
- explaining that waiver of service is “the voluntary act of the party himself” and “that to be binding it must have been done by one legally capable of performing it”
- explaining that minor defendants cannot waive service because waiver 5 of service is “the voluntary act of the party himself” and “that to be binding it must have been done by one legally capable of performing it”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bokner
Read full opinion on CourtListenerCited by
22 cases in this archive cite this case; the 20 most cited are listed.
- Jones v. ParkerTexas Supreme Court· 1886-11-30· cited 45×
- Wright v. JonesTexas Commission of Appeals· 1932-07-19· cited 43×
- Gehret v. HetkesTexas Commission of Appeals· 1931-03-18· cited 35×
- Brazzel v. MurrayTexas Supreme Court· 1972-04-12· cited 31×
- Kremer v. HaynieTexas Supreme Court· 1887-02-25· cited 26×
- Light v. StateTex. App. Ct., 3rd Dist. (Austin)· 1999-05-20· cited 13×
- In re M. W.Court of Appeals of Texas· 1975-03-19· cited 13×
- In the Interest of Z.A.T.Court of Appeals of Texas· 2006-04-05· cited 13×
- Tanton v. State Nat. Bank of El PasoCourt of Appeals of Texas· 1931-11-12· cited 11×
- Newman v. City of El PasoCourt of Appeals of Texas· 1934-11-08· cited 10×
- Casanova v. StateCourt of Appeals of Texas· 1972-12-27· cited 9×
- Herr v. Humphrey, JudgeCourt of Appeals of Kentucky (pre-1976)· 1939-03-17· cited 9×
- Bly Ex Rel. Lewis v. HarveyCourt of Appeals of Texas· 1965-11-23· cited 6×
- In Re MWCourt of Appeals of Texas· 1975-03-19· cited 2×
- In Re ZATTex. App. Ct., 10th Dist. (Waco)· 2006-05-23
- William Travis Light v. StateTex. App. Ct., 3rd Dist. (Austin)· 1999-04-15
- in the Interest of Z.A.T., K.M.T. & K.O.T., ChildrenTex. App. Ct., 10th Dist. (Waco)· 2006-04-05
- in the Interest of M.M.S., a ChildTex. App. Ct., 14th Dist. (Houston)· 2016-09-22
- Michael J. DeLitta And DeLCom Properties, LLC v. Nancy SchaeferTex. App. Ct., 3rd Dist. (Austin)· 2015-05-06
- N. J. v. Texas Department of Family and Protective ServicesTex. App. Ct., 3rd Dist. (Austin)· 2020-10-09
Cites
4 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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