Stephens v. Austin

This is an appeal by writ of error by G. H. Stephens from a' judgment by default in favor of appellee, Chas. 0. Austin, against plaintiff in error and A. J. Truitt, J. B. Black, and Addie Stephens. The only question presented to us is the sufficiency of the sheriff’s return on the citation to authorize the default judgment. Appellant’s, points are: (a) The return does not show where service was had; (b) nor the date of service. The return in full is as follows:

“Sheriff’s Return.

“Came to hand on the 11 day of July, 1925, at 4 o’clock P. M., and executed in Shelby County, Texas, by delivering…