United States Fidelity & Guaranty Co. v. Daniel
| Decision Date | 26 May 1932 |
| Docket Number | No. 4217.,4217. |
| Citation | 52 S.W.2d 108 |
| Parties | UNITED STATES FIDELITY & GUARANTY CO. v. DANIEL et al. |
| Court | Texas Court of Appeals |
Suit between the United States Fidelity & Guaranty Company and Oliver Daniel, East Texas Theatres Inc., and others. To review the judgment, the United States Fidelity & Guaranty Company brings error. On motion of East Texas Theatres, Inc., to strike the cause from the docket.
Motion sustained.
Seay, Seay, Malone & Lipscomb, of Dallas, for plaintiff in error.
Hatchell & Campbell, Young & Stinchcomb, Bramlette & Meredith, and Lacy & Molhusen, all of Longview, and Gordon, Lawhon, Davidson & Sharfstein, of Beaumont, for defendants in error.
The motion is based on facts (as appears in the record) as follows: (1) That service of the citation in error issued December 3, 1931, on defendant in error Rembert National Bank was had by delivering a copy of the writ to "J. E. Rea, Cashier"; (2) that service of said citation was had on defendant in error East Texas Theatres, Inc., a private corporation under the laws of Texas, by delivering a copy thereof to "G. R. Wiess, Mgr."; (3) that, while said citation was also to defendant in error A. F. Eggleston, it was not served on him because he was out of the county (Gregg) in which the suit was pending; (4) that another citation, issued December 11, 1931, directing service thereof on said Eggleston by delivering a copy of the writ to his attorneys of record Lacy and Molhusen, was served by delivering such a copy to "Judge Lacy, a member of" said firm; (5) that it did not appear from said last-mentioned citation whether it was an alias or pluries writ, nor "how many previous citations had been issued."
We think the motion is without merit so far as it is based on the showing above as to the defendant in error bank. It has been held that service of a citation on a bank's cashier is binding on the bank. Rosenberg v. First Nat. Bank (Tex. Civ. App.) 27 S. W. 897; Continental State Bank v. Turner (Tex. Civ. App.) 3 S.W.(2d) 503.
But we think the motion should be sustained so far as it is based on the showing as to service on the defendant in error East Texas Theatres and defendant in error Eggleston.
Said East Texas Theatres was a domestic corporation. It has been held that service of such a citation on the manager of such a corporation is not sufficient under the statute (article 2029, R. S. 1925) applicable, providing that "the citation may be served on the president, secretary or treasurer of such company or association, or...
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