Binyard & Waldrow v. McCombs, Keller & Bynes
Binyard & Waldrow v. McCombs, Keller & Bynes
1 White & W. 259
Binyard & Waldrow v. McCombs, Keller & Bynes
Opinion of the Court
Opinion by
§ 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.