Court of Civil Appeals of Texas, 1915

Mansfield v. Security Trust Co. of Houston

Mansfield v. Security Trust Co. of Houston
Court of Civil Appeals of Texas · Decided April 7, 1915 · Moursund
175 S.W. 771; 1915 Tex. App. LEXIS 415 (South Western Reporter)

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.

<§^>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Case-law data current through December 31, 2025. Source: CourtListener bulk data.