Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 128
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128 CLARK v. THOMPSON. [Tyler Termn,
Opinion of the court.
JAMES II. CLARK V. W. S. THOMPSON ET AL.
1. SERVICE OF CITATION IN ERROR.-Service of citation upon one of
several partners, plaintiffs, against whom writ of error has been
taken, is insufficient; all the defendants in error must be served.
2. TRANSCRIPT.-See irregularities in the record for which writ of
error was dismissed.
ERROR from Red River. Tried below before the Hon.
Robert H. Taylor.
Jas. Il. Clark, for plaintiff in error.
MOORE, ASSOCIATE JUSTICE.-This case must be dismissed
for want of proper service of the citation in error, as well
as for defects and irregularities apparent in the transcript,
which, in the. absence of explanation, are of such a character
that we would be unwilling to review the judgment
of the court below on it, if the service warranted our taking
jurisdiction of the case.
The judgment of the District Court is in favor of Walter
S. Thompson and Andrew Thompson, partners trading
under the firm name of W. S. Thompson & Bro., while
W. S. Thompson alone has been served with a citation in
error. By act of February 5th, 1858, for further regulating
proceedings in the District Court, service on one of the
partners is sufficient to authorize a judgment which may
be enforced against the partnership property and the property
of the partner served. But this act, as is manifest
from its title and contents, is limited to suits in the District
Court against the partners, or some one or more of them.
It has no reference or applicability to writs of error to this
court on judgments of the District Court in favor of partners
in suits brought by them against the plaintiff in error.
Whether a similar rule might not with propriety be
adopted in the prosecution of writs of error from judgments
in the District Court in favor of partners, is not a
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/136/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .