Texas Attorney General Opinion: V-189 Page: 1 of 3
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R-388
PRICE i)DANEL AUSTHNm, TEXAS.
Mae 6, 1947
Ion. A. C. Winborn
District Attorney
Houston 2, Texas
Attention: Honorable James Anderson, Jr.
Assistant District Attorney
Opinion No. t-189
Re: The necessity for alias cita-
tion where service has not
been had ten days before ap-
pearance day in Justice Court,
under Supreme Court Rules 533
to 537.
Dear Sir:
Your request for an opinion upon the above sub-
ject matter is as follows:
"A great deal of confusion has resulted
in the local justice of the peace courts from
an interpretation of Rules 533, 534, 535 and
537, contained in Volume X, No. 3, page 109,
of the Texas Bar Journal. This article seems
to imply that if citation is not served at
least ten days before appearance day, it will
be necessary to get out a second citation in
order to get the defendant into court.
"By Article 2036, in such a situation the
defendant would have to plead at the next term
of court, and another citation would not be
necessary. In the justice court where this
question has arisen, call day is the second Mon-
day of each month. While Article 2036 has been
reapasled by Rule 107, the case of Rims v. IN. A.
James, Inc., 175 S. W. (2d) 74, holds that Rule
107 does not apply to justice courts. Therefore,
nothwithstarnding Rules 535 and 537, is Article
2036 still in effect for procedure in the justice
of the peace courtss"
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-189, text, May 6, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265009/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.