There is nothing in the objection taken to the service. It evidently appears by the affidavit what was intended. And it was understood and acted on by the officer. *228But the omission of the Court to make out a statement of facts is fatal to the judgment. That is a positive requirement of the Statute, which cannot be dispensed with. (Hart. Dig. Art. 782 ; McFadden v. Lockhart, 7 Tex. R. 573.) The judgment is reversed and the cause remanded.