Hart v. Clifton
Texas Supreme Court
Error from Red River. Suit by defendant in error against plaintiff in error on a promissory note. Citation returned as stated in the Opinion ; and judgment by default.
1Opinion of the Court
Hemphill, Ch. J.
In this case there was judgment by default, and the defendant assigns in substance for error, that there was no legal service of the citation.
The return of the Sheriff on the citation is as follows : “ Executed the 9th day of August, 1856, by delivering to “ William F. B. Hart, certified copies of plaintiff’s.”
By law the Sheriff is required to deliver to a defendant a copy of the citation, and a copy of the petition, and he must state fully the time and manner of the service. Hart. Dig. Art. 811, 2894, 679.
The return does not show such service as is required by law. In fact it…
2Cited by5 opinions
- Humble Oil & Refining Co. v. McLeanCourt of Appeals of Texas · 1924
- Batey v. Dibrell & BrotherTexas Supreme Court · 1866
- Johnson v. BartholdTexas Supreme Court · 1875
- Graves v. Dorman Holmes & Co.Court of Appeals of Texas · 1877
- James v. WatsonTexas Commission of Appeals · 1881