Jensen v. J. Hays & Co.

Opinion by

Hurt, J.

§ 566. Citation; service of; variance betiveen copy and original, held immaterial. Hays & Co. sued Jensen on two accepted drafts. One of these drafts was for $254.73, due four months after date. The petition and original citation described both drafts accurately, but the copy of citation served upon defendant described the above named draft as due five months after date. Held, this variance was immaterial and did not vitiate the service. It would not have been fatal had it occurred in the original citation. [Pipkin v. Kauffman & Runge, 5 Tex. L. Rev. 10.]

§ 567. Holder of…