Lyendecker v. Martin
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. L. Lindsay. This was an action brought by appellee, Wm. Martin, «against J. P. Lyendecker, a former sheriff of Colorado «county, and the sureties on his official bond, Johan Ly-endecker and Wm. Freís. It was sought to recover the amount of a judgment, upon which execution had been ■issued, against one Gr.
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Appeal from Colorado. Tried below before the Hon. L. Lindsay. This was an action brought by appellee, Wm. Martin, «against J. P. Lyendecker, a former sheriff of Colorado «county, and the sureties on his official bond, Johan Ly-endecker and Wm. Freís. It was sought to recover the amount of a judgment, upon which execution had been ■issued, against one Gr. W. Taylor, placed in the hands of said sheriff-and his deputy, and on which the money was not collected through the fault of the said sheriff in not levying upon property. The citations had not been served upon the sureties when both died.…
1Opinion of the CourtOgden, J.
The judgment in this case must be reversed for the want .of proper service upon the administrator of *289William Freís, deceased. It appears that this suit was instituted in the lifetime of Freís, but that no service was had upon him, and after his death a writ of scire facias was served upon the administrator, but no copy of the original or amended petition, nor any proper notice of the cause of action.
The administrator appeared in limine and excepted to the service. We think his exceptions should have been sustained. Had service been perfected upon Freís during his lifetime, then scire facias…
2Cases cited1 opinion
- Walton v. Compton & StrotherTexas Supreme Court · 1866
3Cited by2 opinions
- Slaughter v. HallCourt of Appeals of Texas · 1910
- Diversified Insurance Management, Inc. v. PhaganCourt of Appeals of Texas · 1979