Hendon v. Pugh

Texas Supreme Court
Hendon v. Pugh, 46 Tex. 211 (Tex. 1876)
Gould

Hendon v. Pugh

Opinion of the Court

Gould, Associate Justice.

The sheriff’s return on the citation for the defendant J. W. Hendon is as follows: “ Came to hand January 31,1876, and executed same day, by delivering to J. U. Hendon in. person a true copy of the within citation, together with a certified copy of plaintiff’s original petition.” This return fails to show, with reasonable certainty, that the citation was served on the defendant in the suit. (Brown v. Robertson, 28 Tex., 557.)

As the judgment by default was taken without a proper return on the citation showing service on the defendant, the judgment is reversed and the cause remanded.

Reversed and remanded.

Reference

Full Case Name
J. W. Hendon v. W. H. Pugh
Cited By
29 cases
Status
Published
Syllabus
Service of citation.—The sheriff’s return on a citation to J. TV. Hendon, the defendant in this suit, was as follows: “Came to hand January 21, 1876, and executed same day by delivering to J. y. Hendon in person a true copy of the written citation, together with a certified copy of plaintiff’s original petition: ” Held, That it failed to show with reasonable certainty that the citation was served on the defendant in the suit, and no judgment by default could be rendered against the defendant.