Norvell v. Garthwaite
Texas Supreme Court
Error from Jasper. Tried below before the Hon. A. W. 0. Hicks. Suit by Garthwaite, Giffen & Co., against Lipscomb Norvell, Jr., and Lipscomb Norvell, Sr., as a firm doing business under the name and style of “L. Norvell,. Jr. & Co.” The citations to the defendants commanded the sheriff to summon the defendants named respectively in the citations, to appear before the District Court of Jasper county at the time and place appointed by law for the sessions-of said court, to…
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Error from Jasper. Tried below before the Hon. A. W. 0. Hicks. Suit by Garthwaite, Giffen & Co., against Lipscomb Norvell, Jr., and Lipscomb Norvell, Sr., as a firm doing business under the name and style of “L. Norvell,. Jr. & Co.” The citations to the defendants commanded the sheriff to summon the defendants named respectively in the citations, to appear before the District Court of Jasper county at the time and place appointed by law for the sessions-of said court, to answer the complaint of the plaintiffs referred to specifically by name, and “as set forth in the petition.” The citations…
1Opinion of the CourtRoberts, J.
The citations do not state the names of the par-
ties to the suit. A judgment by default was taken without any amendment of the writs. This defect in the writ has been held by this court to be available to defendant below on error. (Burleson v. Henderson, 4 Tex. R., 49; Frosch v. Schlumpf, 2 Tex. R., 422; O. & W. Dig., Art. 409.)
The judgment must be reversed and cause remanded.
Reversed and remanded.
2Cited by6 opinions
- Heath v. FraleyTexas Supreme Court · 1878
- McBurnett v. LampkinCourt of Appeals of Texas · 1907
- Salmon v. BishopMississippi Supreme Court · 1957
- Booth v. HolmesTexas Commission of Appeals · 1880
- Owsley v. Paris Exchange BankTexas Commission of Appeals · 1880
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