Chandler v. Tanner
Texas Supreme Court
Error from Austin. Tried below before the Hon. Thomas H. DuVal. Suit by defendant in error against F. W. Chandler, A. J. Hamilton, and George H. Gray, on their joint and several promissory note. Citation returned served on Chandler and Gray, and “not served” on Hamilton. Judgment by default against all of the defendants. Writ of error by all of the defendants.
1Opinion of the CourtRoberts, J.
Defendant suggests delay, and asks damages. There is no service of process on one of the joint makers of the note, and judgment by default is taken against all of them. Upon *2the authority of Saffold and others v. Navarro (15 Tex. R. 76) defendant may now dismiss as to Hamilton, who was not served, and the judgment will be reformed and rendered against those served with process.
Ordered accordingly,
2Cited by2 opinions
- Martin v. CrowTexas Supreme Court · 1866
- United States Fidelity & Guaranty Co. v. RicheyCourt of Appeals of Texas · 1929