Walden v. Locke

The judgment below'was rendered against plaintiffs in error by default. The petition of the plaintiffs below (defendants in error here), by virtue of which citation was issued to plaintiffs in error, alleged their residence to be in Andrews county. Citation was directed to the sheriff or any constable of Gaines county. The return was made by the sheriff of Gaines county, showing that the citations were served in that county.

The first proposition of plaintiffs in error presents the question that no legal authority existed for the issuance of citation to Gaines county, and that the service…