McFaddin v. Spencer

Hemphill, Ch. J.

The plaintiff, McFaddin, in his petition for certiorari, alleges that he is a citizen of Smith county ; that a judgment was rendered against him by a Justice of the Peace in Brazoria county in favor of Winfield S. Spencer ; that the plaintiff (McFaddin) was, at the institution of the suit before the Magistrate, and long before had been, a citizen of the county of Smith ; and that Spencer knew and was informed of that fact; that the petitioner was not served with any notice or citation of the pendency of said suit, and had no notice, information or knowledge of the same. He…