Laws v. Harris

Texas Supreme Court July 1, 1871

Laws v. Harris, 33 Tex. 700 (Tex. 1871)

Walker

Opinion of the Court

Walker, J.

This cause must be dismissed for want of a proper citation in error.

When the defendants in error do not reside in the State, or their place of residence is not known, service of the citation may *701be made upon the attorney of record. But in this case the original petition avers that the defendants in error are residents of Harrison county. (Station was issued and directed to the sheriff of Dallas county, and returned by'him, “ defendants not found in this county.” This was not a compliance with the statute. (See Paschal’s Digest, Art. 1495, and note 587; 10 Texas B., 271.) The cause is dismissed.

Dismissed.

Reference

Full Case Name: G. W. Laws v. J. B. Harris and others
Status: Published
Syllabus: .1. The plaintiffs recovered judgment in Dallas county on a petition which alleged their residence to be m Harrison county, in this State. Defendant’s petition for a writ of error made no averment respecting the residence of the plaintiffs. No citation in error was issued .to Harrison county, where the plaintiffs had alleged their residence to be; but citation was issued to Dallas county, and, after a return that the plaintiffs were not to he found in that county, was served upon their attorney of record. Held, that service on the attorney was not authorized by law, and the writ of error is dismissed on motion. (Adkins v. Forehand, 10 Texas, 270, cited.)