Franks v. Montandon

PHILLIPS, Chief Justice.

Appellees, the plaintiffs below, filed suit against the Appellant, defendant below, for breach of contract in July, 1969. The transcript discloses that the sheriff’s office made one unsuccessful attempt to serve Appellant.

Subsequently, Appellees filed a motion for service under Rule 106, Texas Rules of Civil Procedure, for substituted service on Appellant. No affidavits were presented to the court nor was there any oral evidence presented regarding the impracticality of serving Appellant; however, the court issued its order permitting substitute service pursuant to…