Allen v. Traylor
Texas Supreme Court
Error from Jasper. The case was tried before Hon. Samuel A. Wilson, one of the district judges. The facts are sufficiently stated in the opinion of the court..
1Opinion of the Court
Morrill, O. J.
—Petition was filed March 7,1867. Process thereon was dated February 8,1867, and issued March 8, 1867; came to the hands of the sheriff March 18, and executed the 21st of the same month. Judgment by default April 5.
The cause has been brought to this court by error, and the errors assigned are—
1. Defendant had no legal notice.
2. The citation was not directed in the manner prescribed by law.
3. The citation was issued before the petition was filed.
4. The citation was tested, issued, dated, signed, and sealed on February 8, 1867, and the petition was not filed till March 7, 1867.
We…
2Cited by2 opinions
- Buckley's Administrator v. HowardTexas Supreme Court · 1872
- State FranklinTexas Supreme Court · 1872