Ryan v. Martin
Texas Supreme Court
Error from Fort Bend. The case was tried before Hon. George W. Smith, one of the district judges. Martin sued Eyan as acceptor of a bill of exchange. The service bore date and read, “and executed by serving William Eyan with a true copy of the writ and accompanying petition.” There was leave for the sheriff to amend his return, not acted upon. The defendant entered no appearance, and there was judgment by default.
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Error from Fort Bend. The case was tried before Hon. George W. Smith, one of the district judges. Martin sued Eyan as acceptor of a bill of exchange. The service bore date and read, “and executed by serving William Eyan with a true copy of the writ and accompanying petition.” There was leave for the sheriff to amend his return, not acted upon. The defendant entered no appearance, and there was judgment by default. (Paschal’s Dig., Art. 1508, Note 594.) The defendant prosecuted error.
1Opinion of the CourtCoke, J.
case is submitted on a suggestion of delay. The defendant in the court below failed to appear, and judgment was rendered against him by default. Hpon an inspection of the record, we find that the return of the sheriff upon the citation to the defendant shows an insufficient service, which is fatal to the judgment.
The return on the writ is in these words: “Deceived March 10th, 1859, and executed May the 23d, 1859, by serving William Eyan with a true copy of this writ and accompanying petition.” It is well settled, by repeated adjudications of this court, that such a return, not showing the…
2Cited by4 opinions
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