Broussard v. Davila

POPE, Justice.

Bobbie Broussard, defendant below, has appealed by writ of error from a default judgment. Plaintiffs undertook to serve her by substitute service under Rule 106, Texas Rules of Civil Procedure. In our opinion, the judgment must be reversed, because (1) plaintiffs did not comply with the terms and conditions of the court’s order which authorized substitute service, and (2) the sheriff’s return is fatally defective.

Plaintiffs, Lawrence Davila, Lupe Davila, and Southern Insurance Company, had difficulty in locating defendant, Bobbie Brous-sard. Failing to serve her with citation,…