Llano Improvement Co. v. Watkins

COLLAR!), Associate Justice.

This appeal is from a judgment by default against appellant upon service as shown by the return of the officer:

“ Came to hand the 24th day of September, A. D. 1891, at 12 o’clock a. m., and executed the 24th day of-, A. D. 189—, by delivering to S. Duncan, secretary of the Llano Improvement and Furnace Company, the within named defendant, in person, a true copy of this writ.”

The date of sevice is impossible. The return is fatally defective, and can not support the judgment. Rev. Stats., art. 1225.

There was no appearance by defendant. Defendant excepted to the…