Beavers v. Butler
Texas Supreme Court
Error from Houston. The case was tried before Hon. Reuben A. Reeves, one of the district judges. Butler having obtained judgment by default, Beavers prosecuted error, but instead of directing the writ to Galveston, where the petition averred Butler’s residence to be, he had it directed to Houston and served upon Butler’s attorneys. The plaintiff in error did not appear, but defendant suggested delay.
1Opinion of the CourtCoke, J.
The petition for writ of error alleges the residence of defendant in error to be in Galveston county. The writ of error is directed to the sheriff of Houston county, and commands Mm to make service on the defendant in error, if to be found in that county, and if he cannot be found, then to serve it on Taylor & Moore, his attorneys of record. The return of the sheriff shows the service to have been ma,de on Taylor & Moore, the attorneys of record, without saying whether or not the defendant in error could be found.
Article 793, Hartley’s Digest, .reads as follows: “The clerks of the several…
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