Whittenberg v. Newton
Texas Supreme Court
Error from Ellis. The case was tried before Hon. John J. Good, one of the district judges. The only point was as to the error of the court in not quashing the service of the sheriff, on the ground that he returned that he served the defendant with a copy, when it was not a copy. The motion was really to contradict the return, by exhibiting the copy served, without affidavit that it was not a copy.
1Opinion of the CourtLatimer, J.
—The copy of the citation served on Whittenberg required him to appear at Dallas, in the county of Ellis. The original citation was correct in all respects, both as to form and service, and differed from the copy only in the name of the place of holding the court, it being at Waxahatehie.
Defendant made an appearance for the purpose of abating the service only, and filed in the court a plea stating the cause why the service should be set aside, but did not verify his plea by affidavit.
The statute (Paschal’s Dig., Art. 1431) is imperative in reqmring the place of holding the court to be stated…
2Cited by1 opinion
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