Roberts v. Stockslager
Texas Supreme Court
Error from Collin. The return of the sheriff was that he “ loft a copy of the writ and a true copy of the petition.” Judgment for the plaintiff by default. . The return of tlie sheriff shows that the process was served by leaving a copy; but with whom it was left nowhere appears. The'judgment being by default, and nothing appearing upon the record to bring notice of the pendency of this suit home to the defendant, it must be reversed.
1Opinion of the Court
Hemphill, Cir. J.
The judgment was rendered in this case by default, and it is assigned for error that the defendant had no notice of the pendency of the suit, a copy of the petition and citation not having been delivered to‘him, as required by tlie law.
Tlie 14th section of the act to regulate proceedings in the District Courts directs 1he officer receiving process to execute the same, whore not otherwise directed by the writ or citation, by delivering i o the party or parties, in person, upon whom lie is. required to serve it, a copy thereof ami a copy of the petition accompanying it, if…
2Cited by7 opinions
- Am. Law Book Co. v. Superior Court of Santa ClaraCalifornia Supreme Court · 1912
- Gage v. MaryattMontana Supreme Court · 1890
- I. & G. N. R'y Co. v. PhilipsTexas Supreme Court · 1885
- Pullin v. ParrishCourt of Appeals of Texas · 1957
- Crutcher v. WolfeCourt of Appeals of Texas · 1925
2 more not listed; retrieve them via the Exa API.