Mansfield v. Security Trust Co. of Houston
Court of Appeals of Texas
Appeal from Harris County Court, at Law; Clark C. Wren, Judge. Action by the Security Trust Company of Houston against H. P. Mansfield and others. There was a default judgment for plaintiff, and certain of the defendants appeal.
1Opinion of the CourtMoursund, J.
The Security Trust Company of Houston obtained a judgment by default against H. P. Mansfield, W. C. Moore, and C. F. Stevens. Mansfield and Moore seek, by this proceeding, to set aside such judgment; their contention being that the return on the citation is insufficient to authorize a judgment by default against them.
Under the rule that nothing essential by statute to the service of a citation should be left to inference in order to sustain a judgment by default, we hold that the return in this case is insufficient to show that a true copy of the citation was delivered to each of the…
2Cited by4 opinions
- Jacksboro National Bank v. Signal Oil & Gas Co.Court of Appeals of Texas · 1972
- Gilbert v. StateCourt of Criminal Appeals of Texas · 1981
- Finley v. StateCourt of Criminal Appeals of Texas · 1921
- Fleming-Stitzer Road Bldg. Co. v. RomingerCourt of Appeals of Texas · 1923