Barnes v. Frost National Bank

I concur in the reversal but add these additional observations about default judgments against individuals served through the Secretary of State.

In such cases the writ-of-error record must show that the Secretary of State did in fact forward the papers to the defendant; a certificate from the Secretary of State’s office stating that process was forwarded will suffice. Capitol Brick, Inc. v. Fleming Mfg. Co., 722 S.W.2d 399, 401 (Tex.1986); Whitney v. L & L Realty Corp., 500 S.W.2d 94, 96 (Tex.1973).

Here the certificate itself shows that while process was duly forwarded it was returned…