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: 163
1875.1 STEPHENSON v. T. & P. R. R. Co. 163
Statement of the case.
filed September 6, 1871, and on same day citation issued,
upon which the sheriff made the following return: "Received
il office September 6, 1871, and executed the within
writ by publishing the same in the ' Marshall Weekly,'
a newspaper printed and published in Harrison county,
Texas, for four weeks next preceding the first Monday in
The citation was returnable to first Monday in October.
At the next term thereafter judgment by default was rendered,
canceling certain trust deeds held and claimed by
defendants upon the property of plaintiff, and enjoining
the defendants from issuing any bonds or obligations in
the name of the company, and for costs of suit.
July 10, 1873, Stephenson and Grubbs filed petition for
writ of error against the "Texas and Pacific Railway Company,"
which company was alleged to be the owner of the
franchise held by the plaintiff, and privy in interest thereto
in the matters in suit. The defendant in error was alleged
to be non-resident, and service was had 10th July, 1873,
on William Steadman and James Turner, attorneys, and
A. T. Smith, local treasurer of the Texas and Pacific Railway
The transcript was filed 18th November, 1873. December
16, 1873, was filed an agreement, signed by Wm. Stedman,
attorney for defendant in error, and Robertson &
Herndon, for plaintiff in error, placing the case "to the
heel of the assignment of the present term, ending on 16th
May 23, 1874, was filed by same attorneys an agreement
that the "case be transferred to the branch at Tyler, to the
October term, 1874."
October 5, 1874, defendant in error filed a motion to dismiss
the writ of error, because the original plaintiff was
not made a party to the writ, and because parties were
made who were strangers to the suit, &c.
A sufficient statement of the case appears in the opinion.
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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/m1/171/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .