Covitt v. Anderson
Covitt v. Anderson
Opinion of the Court
Neither the petition for writ of error, nor the citation issued on the petition states the residence of either plaintiff or defendant in error. This is not in compliance with the statute nor the decisions of this court. (Article 1495, Paschal’s Digest; Eastman v. Heirs of Gray, 3 Texas, 514; Roberts v. Sollibellus, 10 Texas, 352; Owen and wife v. Tankersly, 12 Texas, 38.) And the return of the sheriff on the citation shows
Dismissed.
Reference
- Full Case Name
- Volney Covitt v. M. Anderson
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Neither the petition nor citation in error stated the residence of either the plaintiff or the defendant, and the citation was served on the defendant’s attorney, without any cause shown why the service was not on the defendant in error himself'. Held, that the service is defective, and is insufficient to confer jurisdiction on this court.