Anderson v. Brown
Texas Supreme Court
Error from Clarksville. Before the Hon. William S. Todd. Suit by the defendant in error against the plaintiff in error and five others, on a promissory note. One citation issued for all the defendants ; returned executed by delivering to each of the defendants a copy of the citation and a certified copy of the petition. Judgment by default.
1Opinion of the CourtWheeler, J.
It is objected to the service, that several citations were not issued to the several defendants ; but all were included in one original writ, a copy of which was served upon each ; and in support of the objection, we are referred to the latter clause of Article 674 of the Digest.
We do not think the statute requires the construction contended for. It was not intended that the original should accompany the copy into the hands of the defendant. Though the language of the clause referred to might bear that interpretation, other provisions show that such was not its inten*555tion. The writ is served…
2Cited by8 opinions
- Covington v. BurlesonTexas Supreme Court · 1866
- American Spiritualist Ass'n v. RavkindCourt of Appeals of Texas · 1958
- Battle v. EddyTexas Supreme Court · 1868
- Jack H. Brown & Co. v. Northwest Sign Co., Texas Court of Appeals, 5th District (Dallas)1984
- Rodgers v. GreenTexas Supreme Court · 1871
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