Opinion

American Spiritualist Ass'n v. Ravkind

  • 313 S.W.2d 121
  • 1958 Tex. App. LEXIS 1980
Court
Court of Appeals of Texas
Filed
Jan 24, 1958
Status
Published
On the bench
Dixon
Cited by
31 cases
Authority
More cited than 7.9%

no jurisdiction when right to possession depended on disputed compliance with “contract to purchase”

How later courts described this case

  • no jurisdiction when right to possession depended on disputed compliance with “contract to purchase”
  • no jurisdiction when right to possession depended on compliance with “contract to purchase”
  • denying jurisdiction when question of contractual compliance clouded title

Written by the judges who cited it.

The opinion

On Rehearing

In our original opinion we stated that in the Justice Court suit an amicus curiae pleading was filed by Cecil Wood-gate. The record shows that after the suit was filed J. Von Brown communicated with Woodgate, who is an attorney. It was in response to this call that Woodgate filed the amicus curiae pleading. His doing so constituted an appearance on the part of J. Von Brown, and cured any defect in the service on Brown, if there was any, in the Justice Court suit. Burger v. Burger, Tex., 298 S.W.2d 119 .

In other particulars we believe our conclusions in our original opinion were correct.

The motion for rehearing is overruled.

On Second Motion for Rehearing

The amicus curiae pleading filed in the Justice Court proceeding by its terms included both J. Von Brown and American Spiritualist Association. We therefore hold that the filing of the amicus curiae pleading constituted an appearance in the Justice Court proceeding of both J. Von Brown and American Spiritualist Association.

In other respects the second motion for rehearing is overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.