Turner v. Ephraim

Appellee, a resident of Medina county, brought this suit in said county against appellant upon a promissory note executed by the latter, payable “at the place of residence of the owner or legal holder of this note, at his or their option.”

A default Judgment was rendered against appellant, wlio filed a motion for new trial setting up a meritorious defense, defect in the citation served upon him, and also setting up that the citation was not served upon him by a constable as the return showed, but by the tax assessor and tax collector of the town of Sabinal. .The motion was granted, and upon…