Goode v. State
Texas Supreme Court
Appeal from Fayette. The Recognizance of Wardsworth Goode, as principal, and Charles F. Haswell and James Murphy, at Fall Term, 1853, to answer an indictment for betting at faro. September Term, 1854, forfeiture nisi. Scire facias; no return as to Murphy, and defective return of service on the others. Haswell did not answer. Goode answered ; a copy of his answer is given in the third paragraph of the synopsis of this report. Judgment final against Haswell and Goode.
1Opinion of the CourtWheeler, J.
The State might have dismissed as to the defendant Murphy, who was not served with process, before' taking judgment against his co-defendants; and this doubtless would have been the regular course of proceeding. But if the proceeding to judgment against his co-defendants without an alias citation, or any citation as to him, was not a discontinuanee of the action against him, there is nothing in the law or practice of this Court to prevent the case from being now dismissed, as to him. There having been no legal service upon Haswell, (Hart. Dig. Art. 678, 679,) the judgment must be reversed,…
2Cited by2 opinions
- E. C. Ray v. StateCourt of Appeals of Texas · 1884
- Sass v. StateCourt of Appeals of Texas · 1880