Oden & Co. v. Vaughn Grocery Co.

PLEASANTS, Associate Justice.

Defendant in error brought this suit against Oden & Co. to recover an alleged indebtedness of $710.05 due upon an open account. Judgement by default was rendered in favor of plaintiff below on February 5, 1903, for the amount sued for. The citation upon which the judgment by default was rendered commanded the defendants to appear and answer on the second Monday in February, 1903, which was the 9th day of said month. It thus appears from the record that the judgment complained of was rendered four days before the time at which the citation served on the defendants…