Court of Civil Appeals of Texas, 1881

Scott & Sparrow v. Watts

Scott & Sparrow v. Watts
Court of Civil Appeals of Texas · Decided January 26, 1881 · White
1 White & W. 38

Scott & Sparrow v. Watts

Opinion of the Court

Opinion by

White, P. J.

§ 88. Service of citation by military officer. A defendant was served with citation by a lieutenant of state troops, and upon such service judgment by default was rendered. Held, that the officer had’ no authority to serve civil process, and the service being a nullity, the judgment by default was set aside.

§89. Defective citation. A citation which cited the defendant to appear in the year 187, cited him to appear at an impossible date, and was held to be fatally defective, and a judgment by default rendered thereon was set aside.

Reversed and remanded.

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