Willie v. Thomas
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by defendants in error, against the plaintiffs in error, on a joint and several promissory note.' Return of service of citation, as to two of the defendants, James Willie and A. H. Willie, as follows: “ Came to hand July 31st, 1857, and exe- “ cuted the same day, by serving James Willie with a true copy “of this writ, together with a certified copy of the accompanying petition.
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Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by defendants in error, against the plaintiffs in error, on a joint and several promissory note.' Return of service of citation, as to two of the defendants, James Willie and A. H. Willie, as follows: “ Came to hand July 31st, 1857, and exe- “ cuted the same day, by serving James Willie with a true copy “of this writ, together with a certified copy of the accompanying petition. “A. G-. Wier, Sheriff, T. Co. “by J. W. Blackwell, Deputy.” The return of the citation as to A. H. Willie, was precisely similar to the above;…
1Opinion of the CourtBell, J.
The record does not show proper service of the citations to James Willie and A. H. Willie, two of the defendants in the court helow. The return of the sheriff, on the citations to those defendants, was to the effect, that he had served them with writ, &c. We have, at the present term, held such returns to he insufficient: (Graves v. Robertson, ante, page 130.)
A. H. Willie does not prosecute this writ of error; but the reversal of the judgment, as to one of the defendants, will operate as a reversal as to all: (Burleson v. Henderson, 4 Tex. Rep. 49; Wood v. Smith, 11 Id. 367.)
The judgment is…
2Cited by18 opinions
- J. M. Hamilton & Co. v. PrescottTexas Supreme Court · 1889
- Continental Insurance v. MillikenTexas Supreme Court · 1885
- Tate v. GoodeSupreme Court of Georgia · 1911
- Danner v. Walker-Smith Co.Court of Appeals of Texas · 1912
- Dickson v. BurkeTexas Supreme Court · 1866
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