Bell v. F. C. Vanzandt

Texas Supreme Court December 14, 1880

Bell v. F. C. Vanzandt, 54 Tex. 150 (Tex. 1880)

1880 Tex. LEXIS 139

Moore

Opinion of the Court

Moore, Chief Justice.

The citation served upon the plaintiff in error authorized the judgment by de*152fault entered against Mm. The citation in tMs case is unlike those in the cases to wMch we are referred by counsel. While-it may not be in all respects strictly regular and formal, yet it plainly shows who are the defendants.

But the judgment does not follow the petition. In the original and amended petitions, F. 0. Vanzandt, as executrix of the estate of Isaac Vanzandt, is the sole and only plaintiff, yet the judgment is m favor of her and E. M. Vanzandt and others named m the judgment as heirs of Isaac Vanzandt. And for this error the judgment is reversed and the cause remanded.

Reversed and remanded.

[Opirnon delivered December 14, 1880.]

Reference

Full Case Name: Elbert M. Bell v. F. C. Vanzandt, Ex'r
Cited By: 4 cases
Status: Published
Syllabus: 1. Citation—Default.—See statement of case for citation to bring in new parties defendant, which, though not in all respects strictly regular, showed with sufficient certainty who were the defendants to the action, to authorize a judgment in default of answer. 2. Judgment.—A judgment rendered in favor of parties, not mentioned as parties in the pleadings, is error.