Thomas v. Goodman
Texas Supreme Court
Error from Dallas. The case was tried before Hon. Hat. M. Bureord, one of the district judges. Goodman sued Sayre and Thomas as a firm on two promissory notes, hut at the trial he dismissed as to Sayre, and took judgment by default against Thomas. The sheriff served the summons or writ upon Thomas, and made a proper return of such service, but neglected to sign his return. The fact of his not signing his return was overlooked, and judgment taken against defendant, Thomas.
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Error from Dallas. The case was tried before Hon. Hat. M. Bureord, one of the district judges. Goodman sued Sayre and Thomas as a firm on two promissory notes, hut at the trial he dismissed as to Sayre, and took judgment by default against Thomas. The sheriff served the summons or writ upon Thomas, and made a proper return of such service, but neglected to sign his return. The fact of his not signing his return was overlooked, and judgment taken against defendant, Thomas. The transcript shows that, during vacation, the sheriff amended his return, and filed an affidavit that he served Thomas…
1Opinion of the CourtBell, J.
—The returp. upon the original citation was not signed by any one, and the service was therefore insufficient. Judgment by fault was rendered. Afterwards, and when the court was not in session, the sheriff filed an affidavit, stating that service was duly made of the writ, and proceeded to amend his return. This affidavit was made by the sheriff, and the amendment of his return was made long after service of citation in error, and without any authority from the court. These acts cannot be regarded as any part of .the proceedings in the case.
The judgment is reversed because of the…
2Cited by2 opinions
- Home Ben. Ass'n v. SimsCourt of Appeals of Texas · 1932
- O'Quinn v. HarrisonCourt of Appeals of Texas · 1925