Crain v. Griffis
Texas Supreme Court
Error from Rusk. Action by the defendant in error against the plaintiffs in error, on promissory notes. The petition gave the names of the defendants, as Joel B. Crain, George H. Ramey and Sampson Christie.
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Error from Rusk. Action by the defendant in error against the plaintiffs in error, on promissory notes. The petition gave the names of the defendants, as Joel B. Crain, George H. Ramey and Sampson Christie. There was a waiver of process, and acceptance of service “ of the within petition,” copied as usual, in the transcript after the names of the attorneys signed to the petition, and before the endorsement of the filing of the petition by the Clerk, signed J. B. Crain and G. H. Ramey. There was a citation which commanded the Sheriff “ to sum“mons Joel B. Crain, George H. Ramey and Sampson to…
1Opinion of the CourtWheeler, J.
It has been the constant practice under the Statute, (Hart. Dig. Art. 678,) to render judgment by default, where there has been a written waiver of process and accept-ance of service, by the defendant, without other proof of its genuineness, than its having been filed among the papers of the ■suit; and judgments so rendered have been constantly affirmed by this Court, without other proof of such filing than is afforded by the record in this case. The question of the sufficiency •of such service, and the regularity of judgments appearing to have been so rendered, has long been considered as…
2Cited by14 opinions
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- Hale v. McComasTexas Supreme Court · 1883
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