Court of Civil Appeals of Texas, 1883

Trevino v. Garza

Trevino v. Garza
Court of Civil Appeals of Texas · Decided January 31, 1883 · Willson
1 White & W. 470

Trevino v. Garza

Opinion of the Court

Opinion by

Willson, J.

§821. Citation; service of, must be five days before return day. Citation was served on defendant January 13, 1882, returnable on the 16th of January, 1882, and on the 18th of January, 1882, judgment by default was rendered upon such service. Held error. The judgment by default was prematurely rendered. Five days, exclusive of the day of service andtbe return day, had not elapsed. [R. s". 1228, 1245, 1281,1282.]

Reversed and remanded.

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