Underhill v. Lockett
Texas Supreme Court
Error from Washington. Judgment by default, and damages assessed by the Clerk. The facts are stated in the Opinion.
1Opinion of the CourtRoberts, J.
This is a judgment by default, and the error assigned is that the return of the service of process is defective.
It reads “executed March 20th, 1856, by delivering a certified copy of petition together with a true copy of this writ.” It does not state to whom it was delivered.
The statute concerning Sheriffs, of 1846, (Art, 2894, Hart. Dig.) prescribes “that the Sheriff and Deputy Sheriff shall indorse on all process and precepts, coming into their hands, the day on which they received them, the manner in which they executed them, and the day when they executed them, and shall sign their return…
2Cited by13 opinions
- Graves v. RobertsonTexas Supreme Court · 1858
- Sloan v. BatteTexas Supreme Court · 1876
- Grapevine Trucking, Inc. v. ShepherdCourt of Appeals of Texas · 1963
- TP Investment Corporation v. WinterCourt of Appeals of Texas · 1966
- Batey v. Dibrell & BrotherTexas Supreme Court · 1866
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