Holliday v. Steele
Holliday v. Steele
Opinion of the Court
defendant in error recovered a judgment by default against the plaintiffs in error. The return upon the citation is in the following words: “Came to hand on the twelfth day of February, A. D. 1884, at 11 o’clock a. m., and executed the eighteenth day of February, A. D. 1884, by delivering to
Reversed and Remanded.
[Opinion delivered January 29, 1886.]
Reference
- Full Case Name
- A. A. & W. H. Holliday v. A. G. Steele
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- 1. Citation—Sheriff’s return—Defective service—The return upon the citation was as follows : “ Came to hand on the 12th day of February, A. D. 1884, at 11 o’clock a. m., and executed the 18th day of February, A. D. 1884, by delivering to Mrs. A. A. Holliday and W. H. Holliday, the within named defendants, in person, a true copy of this writ.” Held: (1) The service was insufficient; (2) The fact that in the statement of the sheriff’s costs, at the end of the transcript, fees for delivering two citations are charged, does not cure the defect in the return. 2. Case followed—The case of King v. Goodson (42 Tex. 153), cited and followed.