Wyser v. Calhoun
Texas Supreme Court
Error from Walker county. The appellees brought suit against the appellant, for the use of Calhoun, and obtained service by publication. To obtain publication and an attachment, Calhoun made oath that the defendant was a non-resident and that he was indebted to the plaintiffs Calhoun and McDuffee, &c. The'Clerk issued a citation, directing publication in the Huntsville Item, a newspaper published in the county. Publication was made accordingly.
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Error from Walker county. The appellees brought suit against the appellant, for the use of Calhoun, and obtained service by publication. To obtain publication and an attachment, Calhoun made oath that the defendant was a non-resident and that he was indebted to the plaintiffs Calhoun and McDuffee, &c. The'Clerk issued a citation, directing publication in the Huntsville Item, a newspaper published in the county. Publication was made accordingly. There was judgment for the plaintiffs, for the use of Calhoun.
1Opinion of the CourtWheeler, J.
It is objected to the judgment, that the Clerk had no authority to direct publication in any particular paper, and that the judgment is erroneous by reason of the affidavit that the defendant was indebted to the plaintiffs simply, without adding to the use, &c.
We are of opinion that the objections to the judgment are not well taken. The Clerk appears to have issued the citation in conformity to the statute. (Dig. Art. 813.) But if he was not authorized (as is insisted) to designate, in the citation, a *324particular paper in which publication should be made, his having done so was mere…
2Cited by4 opinions
- Gordon v. Rhodes & DanielTexas Supreme Court · 1909
- Blethen v. BonnerCourt of Appeals of Texas · 1902
- Bishop v. Allied Finance CompanyCourt of Appeals of Texas · 1972
- Closson v. BlighIndiana Court of Appeals · 1908