# Stephenson v. Chappell

> Court of Appeals of Texas · May 27, 1896 · 12 Tex. Civ. App. 296

URL: https://www.frixlaw.com/law-library/cases/3979030

## Case

- **Full name:** Mary A. Stephenson Et Al. v. Eugenia W. Chappell Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** May 27, 1896
- **Citations:** 12 Tex. Civ. App. 296; 33 S.W. 880; 1896 Tex. App. LEXIS 183
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Ely, Fly
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3979030

## Opinion text

Defendants in error have filed a motion to dismiss this cause for the reason that the citation in error was served on some of the defendants in error after the return day of the citation. The transcript in this case was filed in the Court of Civil Appeals at Dallas on April 20, 1895, and three days afterwards the following endorsement was made on the back of one of the briefs of plaintiffs in error, "Having received from plaintiffs in error copies of the within brief we hereby waive filing of same in the trial court." This agreement was signed by counsel who designated themselves, "Attys. for defts. in error." We conclude that the agreement was an appearance in the Appellate Court as to all of the defendants in error. The attorneys who represented the defendants in error in the trial court, and who represent them in the motion to dismiss, are those who signed the agreement, and it will be presumed that they were authorized to represent them in the Appellate Court on the writ of error. The motion to dismiss will be overruled.
Overruled.
ON THE MERITS.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3979030. Public record. Not legal advice.