Graves v. Dorman Holmes & Co.

Opinion by

White, J.

§ 20. Writ of error, service of. Where the return of the officer upon the writ of error was, “ Came to hand on the 21st day of March, 1877, and executed on the 22d day of March, A. D. 1877, by delivering in person to P. Lindsley, attorney of record for Dorman Holmes & Co., the within named defendants, a true copy of this writ,” held, that the service was not in conformity with law. [Pas. Dig. art. 1495.]

Same. As was said by our supreme court in Batey v. Dibrell & Bro. 28 Tex. 173, “'It does not appear that a copy of the petition for writ of error was served on the defendant…