Hewitt v. Thomas

Gould, Associate Justice.

When this case was before this court on a former appeal, (37 Tex., 520,) it was held, that the defendant had no legal notice of the amended petition, setting up the mortgage. When the case was remanded, on this and other grounds, the plaintiff, whose pleadings there*234tofore described the defendant as a resident of the county when suit was brought, made, by his attorney, an affidavit, dated April 28,1865, that “the defendant, L. W. Hewitt, is a non-resident of the State of Texas,” and thereupon citation, by publication, was issued and returned. We do not feel called…