City of Mesquite v. Bellingar

SPARLING, Justice.

The City of Mesquite appeals by writ of error a default judgment in favor of Elwyn and Laura Bellingar. In two points of error the City contends that the court below did not obtain personal jurisdiction over it since citation was not properly served upon any person designated by statute as agent for service. We agree and, accordingly, reverse and remand for trial.

The Bellingars alleged that a City employee drove a garbage dumpster into the wall of a storage building, damaging the Bellingars’ belongings which were stored there. The Bellingars sued the City under the Texas…