Hitt v. Bell

BLAIR, Justice.

The parties will be designated appellant and appellee.

Appellee Hall sued appellant, D. S. Hitt, Jr., for a balance due on his promissory note and recovered judgment by default for $1,015.85. A citation issued for appellant directed to “The Sheriff or any Constable, Howard County, Texas.” It was served and return macfe thereon by “Luke Crump, Constable, Precinct No. 2, Reagan County, Texas.” No other service was had on appellant, nor did he waive service or appear in the case. The judgment recited that he had been duly cited but failed to appear. From such default judgment this…