Court of Civil Appeals of Texas, 1880

James v. Proper

Court of Civil Appeals of Texas · Decided December 11, 1880 · Winkler

1 White & W. 35

Opinion of the Court

Opinion by

Winkler, J.

§83. Judgment by default; defective citation. Citation served on defendant November 14, 1818, command*36ing him to answer the suit on the first Tuesday after the first Monday in January, 1878, a date prior to the service of the citation. Judgment by default January 9, 1879. Held, that the judgment by default was erroneous. [Covingtons v. Burleson, 28 Tex. 368.]

December 11, 1880.

Reversed and remanded.

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