Court of Civil Appeals of Texas, 1877

Binyard & Waldrow v. McCombs, Keller & Bynes

Binyard & Waldrow v. McCombs, Keller & Bynes
Court of Civil Appeals of Texas · Decided December 1, 1877 · White
1 White & W. 259

Binyard & Waldrow v. McCombs, Keller & Bynes

Opinion of the Court

Opinion by

White, J.

§ 520. Citation; defective as to time of appearance; judgment by default. The citation to defendants was issued December 29, 1875, and cited them to appear and answer in the suit on the third Monday in January, 1875. Held, that they were cited to appear at an impossible time, and that the citation was fatally defective and would not support the judgment by default.

Reversed and remanded.

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