Arnold v. Scott
Texas Supreme Court
Error from Hunt. Tried below before the Hon. W. H. Andrews. Scott sued Arnold on a promissory note. The citation was served by a deputy sheriff, and the return was signed as follows: “F. P. Harden, Deputy Sheriff Hunt County, Texas.” Judgment by default was rendered for plaintiff. The case is brought to the Supreme Court by writ of error, and the error assigned was the insufficiency of the return to the citation.
1Opinion of the CourtMcAdoo, J.
In cases where the validity of the acts of an officer who signs his name as “ deputy sheriff,” without attesting in the name of the principal sheriff under whom he acts, have been drawn in question collaterally, this court has held that such signature of the officer was sufficient. (Miller v. Alexander, 13 Texas, 607.) We find no cases, however, where this ruling has been held in a direct proceeding, where such signature is held good.
In Jordan v. Terry (33 Texas, 680), Judge Walker, in delivering the opinion of the court, says: “ The service *380of the citation in error is defective. When any…
2Cases cited2 opinions
- Graves v. RobertsonTexas Supreme Court · 1858
- Jordan v. TerryTexas Supreme Court · 1871
3Cited by5 opinions
- Travieso v. TraviesoCourt of Appeals of Texas · 1983
- Cortimiglia v. MillerCourt of Appeals of Texas · 1959
- Gibbens v. PickettSupreme Court of Florida · 1893
- Texas State Fair & Dallas Exposition v. O. T. Lyon & SonCourt of Appeals of Texas · 1893
- Travieso v. TraviesoCourt of Appeals of Texas · 1983