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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 CourtListener

Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

4 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.