Chambers v. Chapman

Texas Supreme Court
Chambers v. Chapman, 32 Tex. 569 (Tex. 1870)
Lindsay

Chambers v. Chapman

Opinion of the Court

Lindsay, J.

In the case of Frosh v. Schlumpf, 2 Texas R., p. 422, it was decided by this court that the process, or citation, calling upon a party to answer to a suit, when not under seal, is void, and the party defendant may appear and take advantage of it by motion to quash; or, upon a writ of error, he may obtain a reversal of a judgment rendered by default. The statute (Art. 1431, Paschal’s Digest,) is certainly very explicit in requiring all writs and process to have the seal of the court affixed to give them validity. The citation in this case was without the seal of the court, and for that reason the' judgment is reversed and the cause remanded for further proceedings in conformity with law.

Beversed and remanded.

Reference

Full Case Name
W. Chambers v. W. M. Chapman
Cited By
2 cases
Status
Published
Syllabus
1—The statute, (Paschal’s Digest, Art. 1481,) is very explicit in requiring all writs and process to have the seal of the court affixed, to give them validity. 8—Citations not under seal are void, and the defendant may appear and have them quashed on motion; or, if judgment has been rendered by default, on such void process, he may have it reversed on writ of error. The case of Prosh v. Sehlumpf, 2 Texas R., 422, to the same effect, cited and approved.