Lazarus v. Barrett

TARLTON, Chief Justice.

This is a suit for partition, in which judgment by default was rendered against Sam Lazarus, plaintiff in error, as one of the defendants in the action.

The original petition, filed August 27, 1889, alleged the residence of the defendant Lazarus to be in Grayson County. Afterwards, on March 1, 1890, no citation having issued on the original petition; plaintiffs filed a paper styled “ first supplemental petition,” averring “ that the defendant, Sam Lazarus, who lives in Grayson County, is temporarily in Tarrant County, Texas,” and praying for citation to the latter…