Wilson v. John I. Adams & Co.

Citations

• 50 Tex. 5
• 1878 Tex. LEXIS 108

Syllabus

<p>1. Practice in Supreme Court—Affirmance on certificate.— Where plaintiff in error has been negligent in procuring service of citation in error, so that a term of this court has thereby been allowed to pass, the defendant in error may acknowledge service and bring the case up for affirmance at the next term.</p> <p>2. Same —Defendant in error may file transcript, when.— The defendant in error may file the transcript at a term when the plaintiff in error has lost the right to do so.</p> <p>3. Case decided.—Judgment was rendered August 4, 1875, for plaintiffs. April 25, 1876, defendants filed an error bond, which recited that petition for writ of error had been also filed. May 10,' 1877. service of writ of error was made on the attorneys of plaintiffs, who were non-residents. September 1, 1877, the attorneys of the plaintiffs accepted service of writ of error. February 18, 1878, was fixed for the assignment to which the case belonged. February 20, 1878, certificate was filed, showing these facts, by the defendants in error, with motion to affirm without regard to merits: Held, That the application to affirm should be granted.</p>