Baber v. Brown
Texas Supreme Court
Error from Comanche. Tried below before the Hon. J. P. Osterhout. Suit was brought by F. M. Brown, the defendant in error, in the district court of Comanche county. The petition alleged that “the plaintiff is a resident of Comanche county, and the defendant, Thos.
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Error from Comanche. Tried below before the Hon. J. P. Osterhout. Suit was brought by F. M. Brown, the defendant in error, in the district court of Comanche county. The petition alleged that “the plaintiff is a resident of Comanche county, and the defendant, Thos. A. Baber, a resident of Washington county, Texas; that the defendant is indebted to plaintiff in the sum of nine hundred and fifty dollars; that said indebtedness is evidenced by a certain promissory note, etc., and that said note was given in part payment for two certain tracts of land, upon which a vendor’s hen was reserved.” The…
1Opinion of the Court
Gould, Associate Justice.
The petition alleged that the defendant resided in Washington county, and citation having been returned by the sheriff of that county, “not to be found in Washington county, but in Gonzales county,” another citation was issued, directed to. Gonzales *101county, no amended petition having been filed alleging that the defendant resided in Gonzales.
Under art. 1435, Pasch. Dig., this citation, issued in January, 1874, was valid, and having been duly returned served, the defendant was in default when he failed to appear. In Ward v. Latimer, 12 Tex., cited by counsel, the…
2Cited by3 opinions
- Lauderdale v. R. & T. A. Ennis Stationery Co.Texas Supreme Court · 1891
- Fort Worth & Denver City Ry. Co. v. HaglerCourt of Appeals of Texas · 1905
- Pecos & N. T. Ry. Co. v. CoxCourt of Appeals of Texas · 1911