Legal Opinion

Spencer v. Texas Factors, Inc.

Court of Appeals of Texas

Decided March 22, 1963No. 16153PublishedCited by 16 opinions

1Opinion of the Court

BATEMAN, Justice.

Plaintiff in error seeks reversal of a money judgment by default rendered against him. Service of citation was had under Rule 106, Vernon’s Texas R.C.P., by serving his wife at his usual place of abode.

He presents a motion for reversal because of his alleged inability to obtain a full and complete Statement of Facts, presenting that since substituted service is authorized by Rule 106 only “where it is impractical to secure personal service” it would have been erroneous for the court below to have signed the order permitting substituted service without hearing and considering…

2Cases cited2 opinions

  1. Johnson v. BrownCourt of Appeals of Texas · 1948
  2. Strode v. SrygleyCourt of Appeals of Texas · 1961

3Cited by16 opinions

  1. Wilson v. DunnTexas Supreme Court · 1991
  2. Verges v. Lomas & Nettleton Financial Corp., Texas Court of Appeals, 5th District (Dallas)1982
  3. Garrels v. Wales Transportation, Inc., Texas Court of Appeals, 5th District (Dallas)1986
  4. Dugie v. DugieCourt of Appeals of Texas · 1974
  5. State v. RipkeCourt of Appeals of Texas · 1968

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