Mansfield v. Security Trust Co. of Houston

Court of Civil Appeals of Texas
Mansfield v. Security Trust Co. of Houston, 175 S.W. 771 (1915)
1915 Tex. App. LEXIS 415
Moursund

Mansfield v. Security Trust Co. of Houston

Opinion of the Court

MOURSUND, J.

The Security Trust Company of Houston obtained a judgment by default against H. P. Mansfield, W. C. Moore, and C. F. Stevens. Mansfield and Moore seek, by this proceeding, to set aside such judgment; their contention being that the return on the citation is insufficient to authorize a judgment by default against them.

Under the rule that nothing essential by statute to the service of a citation should be left to inference in order to sustain a judgment by default, we hold that the return in this case is insufficient to show that a true copy of the citation was delivered to each *772 of the defendants Moore and Mansfield. The judgment against said two parties is reversed and the cause remanded.

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Reference

Full Case Name
MANSFIELD Et Al. v. SECURITY TRUST CO. OF HOUSTON
Cited By
4 cases
Status
Published