Townsend v. Ratcliff
Texas Supreme Court
Error from Beckwall. Tried below before the Hon. Green J. Clark. January 14,1878, John W. Batcliff brought suit in the District Court of Bockwall county against J. A. Townsend on two promissory notes, and to enforce the vendor’s lien on two tracts of land, for which the notes were alleged to have been given. The petition set out the notes, and referred to exhibits as containing field-notes of the two tracts sought to be subjected to the lien.
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Error from Beckwall. Tried below before the Hon. Green J. Clark. January 14,1878, John W. Batcliff brought suit in the District Court of Bockwall county against J. A. Townsend on two promissory notes, and to enforce the vendor’s lien on two tracts of land, for which the notes were alleged to have been given. The petition set out the notes, and referred to exhibits as containing field-notes of the two tracts sought to be subjected to the lien. Citation was issued for J. A. Townsend. The return of the sheriff" showed that it was “ executed the 22d day of February, 1878, by delivering to J. A.…
1Opinion of the Court
Moore, Chief Justice.
The objection that the service of citation does not support the judgment against appellant, is not tenable. The citation commands the sheriff to summon *152J. A. Townsend. “ to answer the plaintiff’s petition.” The return of the officer is that the writ was “ executed * * * by delivery to J. A. Townsen, the within-named defendant, in person,” &c. While it may be true that the name Townsend, when distinctly and correctly enunciated, cannot be said to be idem sonans as that of Townsen, yet it is a matter of every-day knowledge that the name Townsend is often thus inaccurately…
2Cases cited2 opinions
- Faver v. RobinsonTexas Supreme Court · 1876
- Hurt v. MooreTexas Supreme Court · 1857
3Cited by7 opinions
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Empire Gas & Fuel Co. v. NobleTexas Commission of Appeals · 1931
- Schlacks v. JohnsonColorado Court of Appeals · 1899
- Boothe v. American State Bank of AmarilloCourt of Appeals of Texas · 1933
- Booth v. HolmesTexas Commission of Appeals · 1880
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