Hays v. Byrd

PLEASANTS, Associate Justice.

This is an appeal by writ of error from a judgment by default, against appellants and appellee, L. W. Purkinson. The only question presented for our decision is, whether or not the officer’s return of the citation is sufficient to authorize the judgment. The return was amended upon motion of the plaintiff and, as amended, the return is in these words:

“Sheriff’s Return.

“Came to hand 1st day of October, 1894, at 10 o’clock a. m., and executed 3rd day of October, 1894, by delivering to L. W. Purkinson, R. O. Hays and A. M. Hays, the within named defendants, in…