De Walt v. Zeigler & McIlhenny

GARRETT, Chief Justice.

— There was judgment by default in the court below. The citation to the defendant commanded him to appear “before the County Court of Fort Bend County, to be held at the court house thereof, in the city of Richmond, on the 3rd Monday in February, A. D. 1894, the same being the 19th day of February, A. D. 1894, then and there to answer,” etc. It was properly directed to the sheriff of Fort Bend County, and concluded with the direction, “Herein fail not, and have you then and there this citation, showing-how you have executed the same.” It was objected to the citation,…