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: 162
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162 STEPHENSON v. T. & P. R. R. Co. [Tyler Term,
Statement of the case.
It does not appear that the amendment of the motion to
dismiss was objected to at the time, nor indeed that there
was any error in obtaining it.
It is further assigned as error that the court, in its judgment,
proceeded to reform the original judgment of Batte
v. Hughes, by directing the manner in which the order of
sale should be executed. This does not affect plaintiff in
error, and is no ground for reversal.
The judgment is affirmed.
[Justice MOORE, having been of counsel, did not sit in
VERNON K. STEPHENSON v. THE TEXAS AND PACIFIC RAILWAY
1. WRIT OF ERROR-PRACTICE.-It is essential to the validity of a writ
of error that it be brought by and against the parties to the record or
2. In a judgment rendered in favor of the " Southern Pacific Railroad
Company," in suit filed 6th September, 1871: fIeld, under the various
statutes on the subject, that a petition for writ of error filed July 10,
1873, and directed to "l the Texas and Pacific Railway Company,"
was properly directed, and the writ will not be dismissed for want
of proper parties.
3. The Texas and Pacific Railway Company is not a non-resident, and
service upon the attorney of record of writ of error is insufficient.
4. CITATION BY PUBLICATION must be published for four weeks previous
to return day, and the first publication must be four weeks!
(twenty-eight days) before the first day of the court to which it is
APPEAL fiom Harrison. Tried below before the Hon,
J. B. Williamson.
The Southern Pacific Railroad Company brought suit
by publication against Vernon K. Stephenson and W. B.
Grubbs, alleged to reside in New York. Petition was
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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/m1/170/: accessed April 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .