Durham v. Betterton

HOBBY, Presiding Judge.

Whether a citation which omits to state the file number of the suit is such a compliance with article 1215 of the Revised Statutes as will support a judgment by default, is the first question raised by the assignments of error, and the only one we think necessary to be considered in this case. An essential feature of the citation provided for by the article referred to is that it “shall state the file number of the suit.” Prior to the adoption of the Revised Statutes in 1879 this was not required. Pasch. Dig., arts. 1430, 1431.

It is well settled in several decisions…