Boothe v. American State Bank of Amarillo

JACKSON, Justice.

The American State Bank obtained a judgment by default in the district court of Castro county for the sum of $3,973 against C. W. Boothe on his promissory note, and a foreclosure of its lien on certain vendor’s lien notes.

C. W. Boothe, by writ of error, prosecutes this appeal, and assails the judgment against him because the sheriff’s return on the citation shows no service was had upon him, but discloses that service was had on O. W. Boolhe.

The sheriff’s return reads, “Came to hand on the 14th day of October, 1931, at 11 o’clock a. m., and executed in Castro county, Texas,…