The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 27

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...IV. Dig, art. 1103.) We think this provision of the statute is not complied with by apublication in three successive issues of a weekly newspaper, unless the full term of three weeks, or twenty-one days, elapses between the day when the citation is first published and the day on which the judgment is rendered, exclusive of the first day of publication and also of the return day of the writ. Statutes regulating the general subject of notice are always to be construed, as respects the computation of time, most liberally in favor of the party who is to be afiiected by the notice which the statute provides. Nora.---Stephenson v. '1'. 8: P. R. R. Co., 42 Tex., 162. In this case, the citation having been' published on the 13th, the 20th and the 27 tli days of the month of November, if the fifth day of the succeeding month had been the return day of the writ, and a day on which the court might lawfully have rendered judgment, we think the service would have been complete and that the judgment might properly have been rendered on the fifth day of December, because the third week of the publication would have expired with' the fourth day of the month.... This court has said, in the case of Perry v. Rohde,20 Tex., 729, that the rendition of judgment by a justice of the peace upon insuflicient service, is good ground for a certiom-ri, and we think this is true. It follows, the service in the case before us being insuflicient, that the district court errcd in dismissing the certiorari. This would suflice for the present disposition of the case, but we think it proper to saythat we are of opinion that the district court of Fayette county had no jurisdiction to make the order allowing a fee to Wm. Price, the guardian ad Zizfcm of the minor, more

Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236907639
  • 9781236907639