Saffold v. Navarro
Texas Supreme Court
Error from Guadalupe. Suit by defendant in error against the plaintiff in error, on a joint and several promisory note. Judgment by default was rendered jointly against all the plaintiffs in error, to-wit: Bird Saffold, Wm. Saffold, and Sarah B. Herring. The record showed service, duly perfected, on Wm. Saffold and Sarah B. Herring.
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Error from Guadalupe. Suit by defendant in error against the plaintiff in error, on a joint and several promisory note. Judgment by default was rendered jointly against all the plaintiffs in error, to-wit: Bird Saffold, Wm. Saffold, and Sarah B. Herring. The record showed service, duly perfected, on Wm. Saffold and Sarah B. Herring. On the writ issued for Bird Saffold, the Sheriff made the following return, to-wit: “ Came to hand the 24th day of April, 1855, and executed “ the same day by personally serving the defendant, Wm. Saf- “ fold, with a copy of the within writ, and a copy of…
1Opinion of the CourtWheeler, J.
It was the right of the plaintiff in the Court, below, to dismiss as to the defendant not served, and take judgment against his co-defendants, who were served with process. (Hart. Dig., Art. 704.) Having erroneously taken judgment against the defendant not, served, no reason is perceived why the defendant in error may not confess errors and have the case dismissed as to him, without affecting the judgment as to the other defendants. They cannot have been prejudiced by the rendition of judgment against their co-defendant; and the error is not one of which they can complain. The judgment will…
2Cited by6 opinions
- Wootters v. KauffmanTexas Supreme Court · 1887
- Martin v. CrowTexas Supreme Court · 1866
- United States Fidelity & Guaranty Co. v. RicheyCourt of Appeals of Texas · 1929
- Shreeder v. DavisWashington Supreme Court · 1906
- Bates-Smith Investment Co. v. ScottNebraska Supreme Court · 1898
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