Winans v. State
Texas Supreme Court
Winans v. State, 25 Tex. 175 (Tex. 1860)
Roberts
Winans v. State
Opinion of the Court
—The return of the sheriff upon the writ of scire facias as to the two Winans is defective, in reciting that it was “served” on them. (Graves v. Robertson, 22 Tex., 130; Underhill v. Lockett, 20 Tex., 130.) The judgment being by default, must be
Reversed and the cause remanded.
Reference
- Full Case Name
- William and Edward Winans v. The State of Texas
- Status
- Published
- Syllabus
- The sheriff’s return should state that service of the scire facias against the securities on a forfeited bail-bond was made by delivering the defendant a copy thereof, as in civil process. (Paschal’s Dig., Art. 1433, Sote 545.)