Hendon v. Pugh
Texas Supreme Court
Error from Hopkins. Tried below before the Hon. W. H. Andrews. This was an action, brought by W. H. Pugh against J. W. Hendon, on two promissory notes, one payable to W. N. Pugh and the other payable to the order of W. N. Pugh, and to enforce a vendor’s lien on the land described in the petition. Judgment by default was rendered against plaintiff in error for the amount of the notes, and enforcing vendor’s lien, from which judgment a writ of error was prosecuted.
1Opinion of the Court
Gould, Associate Justice.
The sheriff’s return on the citation for the defendant J. W. Hendon is as follows: “ Came to hand January 31,1876, and executed same day, by delivering to J. U. Hendon in. person a true copy of the within citation, together with a certified copy of plaintiff’s original petition.” This return fails to show, with reasonable certainty, that the citation was served on the defendant in the suit. (Brown v. Robertson, 28 Tex., 557.)
As the judgment by default was taken without a proper return on the citation showing service on the defendant, the judgment is reversed and the…
2Cited by26 opinions
- Uvalde Country Club v. Martin Linen Supply Co.Texas Supreme Court · 1985
- Union Pacific Corp. v. Legg, Texas Court of Appeals, 3rd District (Austin)2001
- Payne & Keller Co. v. WordCourt of Appeals of Texas · 1987
- North Carolina Mutual Life Insurance Co. v. Whitworth, Texas Court of Appeals, 3rd District (Austin)2004
- Medeles v. Nunez, Texas Court of Appeals, 1st District (Houston)1996
21 more not listed; retrieve them via the Exa API.