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1 White & W. 38

Scott & Sparrow v. Watts

Court of Appeals of Texas

Decided January 26, 1881

Court of Appeals of Texas · decided 1881-01-26

<p>Error from Karnes County.</p>

Decided 1881-01-26

¶1Opinion by

White, P. J.

¶2§ 88. Service of citation by military officer. A defendant was served with citation by a lieutenant of state troops, and upon such service judgment by default was rendered. Held, that the officer had’ no authority to serve civil process, and the service being a nullity, the judgment by default was set aside.

¶3§89. Defective citation. A citation which cited the defendant to appear in the year 187, cited him to appear at an impossible date, and was held to be fatally defective, and a judgment by default rendered thereon was set aside.

¶4Reversed and remanded.

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