Jordan v. Terry
Texas Supreme Court
Error from Tarrant. Tried below before tbe Hon. A. B. Norton. The return on tbe citation in error commenced “came to band,” etc., and was signed “ O. JB. Murphy, deputy sheriff.” The other facts consist of omissions, and are clearly stated in tbe opinion of tbe court.
1Opinion of the CourtWalker, J.
The service of the citation in error is defective. When any ministerial act is performed by a deputy sheriff, he should set forth for whom he acts as deputy, and for what county.
The petition in error is defective, in that it does not set forth the residence of the defendant, nor allege that it is unknown to the plaintiff in error. The citation and the bond are both silent on this subject, and therefore do not cure the defect in the petition. (See 10 Texas R., Roberts v. Sollibellus, 353.) The proceedings to obtain a revision of this case are so totally wanting in compliance with the law, that…
2Cited by7 opinions
- Travieso v. TraviesoCourt of Appeals of Texas · 1983
- Sammis v. WightmanSupreme Court of Florida · 1889
- Gibbens v. PickettSupreme Court of Florida · 1893
- Arnold v. ScottTexas Supreme Court · 1873
- Robinson v. HallSupreme Court of Kansas · 1885
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