Goodlove v. Gray
Texas Supreme Court
Error from Walker. The appellee, a resident of tlie county of Walker, sued the appellants, non-residents, to recover damages for an alleged breach of contract. A citation issued on the 3d day of January, 1849, commanding the sheriff to cite the defendants by publication, upon which tlie sheriff made tlie following return : “ Came to hand January 4,1849. In obedience, I command this writ to be published.”
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Error from Walker. The appellee, a resident of tlie county of Walker, sued the appellants, non-residents, to recover damages for an alleged breach of contract. A citation issued on the 3d day of January, 1849, commanding the sheriff to cite the defendants by publication, upon which tlie sheriff made tlie following return : “ Came to hand January 4,1849. In obedience, I command this writ to be published.” Signed, “A. J. Stevens, Sheriff W. C.” Appended to tlie citation was an affidaviCmade by tlie publisher of a newspaper published’ in tlie comity, stating that publication was made for eight…
1Opinion of the CourtWheeler, J.
It is evident that tlie return of tlie sheriff is not in conformity to law. (Hart. Dig., arts. 811. 2894.) Tlie otity question is, whether the insufficiency of tlie return is cured by the affidavit attached to it. And we are of opinion that it is not. It is tlie mere ex parte affidavit of a stranger to* the record. It is not adopted or referred to by the officer in making his return, which is required to he signed by him officially. (Ib.) It constitutes no* part of tlie return ; is not embraced or referred to in the statement of facts-certified by the judge in obedience to the statute. (Hart.…
2Cited by3 opinions
- Hewitt v. ThomasTexas Supreme Court · 1876
- Allen v. WyserTexas Supreme Court · 1867
- John Chaffee, Bro. & Son v. F. B. Bryan & Co.Court of Appeals of Texas · 1881