Lubbock v. Cook

Roberts, Chief Justice.

Defendants in error moved to dismiss this case upon two grounds:

1st. That the service of the citation in error 'upon M. W.

Garnett, one of the attorneys of record for William Andrews, one of the defendants in error, did not amount to legal seiy *100vice on said Andrews, because the petition for the writ of error omitted to state the residence of said Andrews to be in Harris county, wherein the sheriff returned upon said writ said Andrews was not found; and neither the writ nor the petition in error stated in what county the said Andrews resided ; but the writ was issued to…