James v. Watson

Suit by appellee against appellant in Jefferson county. Appellee lived in Grayson county. Citation issued to that county, and was returned indorsed: “ Came to hand - and executed-by delivering to the within named defendant, -, a true copy of the citation.” Judgment by default taken, and defendant brings it up by writ of error. Held:

1. The delivery to defendant of a copy of the plaintiff’s petition is rendered by law as indispensable to valid service as the delivery to defendant of a copy of the citation; neither the copy of one nor the other can be omitted. 11 Tex., 256; 19 Tex., 56; 4 Tex.,…