Higgins v. Shepard

FISHEE, Chief Justice.

This is an appeal from a judgment by default against the appellant in favor of Charley Shepard and Mary Shepard, his wife, and the only question that arises is whether the citation issued and served upon her was sufficient.

The land sued for by appellees is situated in Hays County, and the appellant resides in that county, and this is not a case in which the law requires a copy of the petition to accompany the citation, and in this instance the return of the officer upon the citation shows merely a service of a copy of the citation upon appellant. The citation does not…