Thomas v. Womack
Texas Supreme Court
Appeal from. Tyler. Action by the appellee against the appellant, for what was described in the petition as an unprovoked and most unmerciful beating with intent to kill. Damages laid at ten thousand dollars. The citation was properly returned served. The defendant prefaced his answer with “ exceptions ” to the service of the citation, because a certified copy of the petition was not served upon him.
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Appeal from. Tyler. Action by the appellee against the appellant, for what was described in the petition as an unprovoked and most unmerciful beating with intent to kill. Damages laid at ten thousand dollars. The citation was properly returned served. The defendant prefaced his answer with “ exceptions ” to the service of the citation, because a certified copy of the petition was not served upon him. He made affidavit of the fact, and appended the copy which the Sheriff had delivered to him, which did not have the seal of Court to the Clerk’s certificate. The answer commenced by stating that…
1Opinion of the CourtWheeler, J.
We do not think the objection to the service well taken. The Clerk is required to furnish a certified copy of the petition for the convenience of the Sheriff in making service. (Hart. Dig. Art. 674.) His certificate is evidence to the Sheriff that it is a copy without a comparison. But it is no part of the copy of the petition. The statute requires that all process shall have the seal of the Court attached. (Hart. Dig. Art. 647, 675.) But the petition is not process, which requires the seal of the Court to impart to it validity and authenticity. The object of the law in requiring that the…
2Cited by37 opinions
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- Vinal v. CoreWest Virginia Supreme Court · 1881
- World Oil Co. v. HicksTexas Supreme Court · 1937
- Bonner v. HearneCourt of Appeals of Texas · 1889
- T. N. O. R. R. Co. v. SyfanTexas Supreme Court · 1898
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