Brown v. Robertson
Texas Supreme Court
Error from Collin. The case was tried before Hon. R. L. Waddill, one of the district judges. Suit by the defendant in error, as administrator of Robert Skaggs, deceased, against William A. Brown, David E. Best, and James H. Lovejoy, on their promissory note for $2,332, and also against said Brown and his wife, Parmelia Brown, to foreclose a mortgage executed by them upon land to secure the payment of the note sued on.
Read the full summary
Error from Collin. The case was tried before Hon. R. L. Waddill, one of the district judges. Suit by the defendant in error, as administrator of Robert Skaggs, deceased, against William A. Brown, David E. Best, and James H. Lovejoy, on their promissory note for $2,332, and also against said Brown and his wife, Parmelia Brown, to foreclose a mortgage executed by them upon land to secure the payment of the note sued on. The sheriff’s return as to Parmelia Brown is given in the syllabus. The judgment was by default.
1Opinion of the CourtMoore, C. J.
—The return of the sheriff on the citation to Mrs. Parmelia Brown does not show with sufficient certainty that it was served upon her to sustain the judgment taken upon it by default. The sheriff is required to execute the citation by delivering to the party upon whom he is directed to serve it a copy of the writ, and he must by his return show the time and manner of serving the writ. It is therefore evident, that it must appear with reasonable certainty from the return of the sheriff" that the citation has been served on the party for whom it is intended. It would certainly be more…
2Cited by11 opinions
- Drake v. YawnCourt of Appeals of Texas · 1923
- Clark v. WilcoxTexas Supreme Court · 1868
- Smith v. DunlavyTexas Supreme Court · 1869
- Exposition Apartments Co. v. BarbaCourt of Appeals of Texas · 1982
- Preusser v. SealeyCourt of Appeals of Texas · 1955
6 more not listed; retrieve them via the Exa API.