Baber v. Brown

Texas Supreme Court
Baber v. Brown, 54 Tex. 99 (Tex. 1880)
1880 Tex. LEXIS 132
Gould

Baber v. Brown

Opinion of the Court

Gould, Associate Justice.

The petition alleged that the defendant resided in Washington county, and citation having been returned by the sheriff of that county, “not to be found in Washington county, but in Gonzales county,” another citation was issued, directed to. Gonzales *101county, no amended petition having been filed alleging that the defendant resided in Gonzales.

Under art. 1435, Pasch. Dig., this citation, issued in January, 1874, was valid, and having been duly returned served, the defendant was in default when he failed to appear. In Ward v. Latimer, 12 Tex., cited by counsel, the citation for Martin had not been returned not found.

The judgment is affirmed.

Affirmed.

[Opinion delivered December 14, 1880.]

Reference

Full Case Name
Thos. A. Baber v. F. M. Brown
Cited By
3 cases
Status
Published
Syllabus
I. Service of citation.—An alias citation issued to a county before an amendment of the pleadings, alleging the residence of the defendant to he in that county, is valid, and when returned with proper service, the defendant is in default if he fails in proper time to answer. 3. Distinguished.—Distinguished from Ward v. Latimer, 2 Tex.