Court of Civil Appeals of Texas, 1887

Cobb v. Brown

Cobb v. Brown
Court of Civil Appeals of Texas · Decided June 22, 1887 · Willson
3 Willson 383

Cobb v. Brown

Opinion of the Court

Opinion by

Willson, J.

§ 314. Citation served after return day is invalid service. Brown recovered judgment by default against Cobb. Citation in the suit was served upon Cobb October 7, 1S85, two days after said citation was returnable. Held: Such service was void. A citation must bo served before the return day thereof. [R. S. art. 1228.] At the date of the service of said citation it was impossible for the defendant to appear and answer on the day named therein for him to do so. [W. & W. Con. Rep. § 83.]

Reversed and remanded.

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