Cross v. Wilson

This writ of error is prosecuted from a judgment by default rendered by the county court of Hutchinson county, Tex. There are only two questions presented to us for review. The first is one relating to the sufficiency of service of citation upon the defendant to sustain the judgment, and the second presents a question: Is the plaintiff’s original petition upon which the judgment was based sufficient in law to support such judgment by default?

Under our view of the case, we think the first question presents an immaterial matter, for the reason that, if the judgment in the case is reversed by…