Brown v. State
Texas Supreme Court
Brown v. State, 43 Tex. 349 (Tex. 1875)
Roberts
Brown v. State
Opinion of the Court
The judgment nisi and the recognizance upon which it is founded seem to be in proper form. The subsequent proceedings, to wit, the scire facias and the final judgment are not, and should be set aside,
The scire facias is defective in not stating such facts as would have justified the rendition of a final judgment upon default of an answer. It should state enough to answer the purpose of a petition and a writ of citation also. (Boone v. Roberts, 1 Tex., 152; Harrison v. The State, 3 Tex., 190; Lawton et al. v. The State, 5 Tex., 274; The State v. Cox, 25 Tex., 406.)
Judgment is reversed and cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- D. M. Brown v. State
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Scire facias.—A scire facias which fails to state everything necessary to justify a final judgment in default of answers is defective; it should state enough to answer the purpose of a petition and writ of citation.