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11 Tex. 367

Wood v. Smith

Texas Supreme Court

Decided July 1, 1854

Texas Supreme Court · decided 1854-07-01

Error from Grimes., Smith sued Wood and King, upon their joint promissory note. The citation contained only the name of the defendant Wood. It was served upon Wood only; who appeared and moved to quash the citation, because it did not contain the names of the parties to the suit. The motion was sustained, and leave given to the Clerk to amend.

Cited by 1 later decisions — most recently January 1886

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-07-01

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Wheeler, J.

¶1The writ was properly quashed, under the *368ruling of this Court in the case of Burleson v. Henderson, (4 Tex. R. 49.) And it was also proper for the Court to give leave to amend the writ. (Cartwright v. Chabert, 3 Tex. R. 261.) Bnt the party does not appear to have availed himself of the leave given. Ho amendment appears to have been made. And the Court proceeded to give judgment final, when the writ, served upon the defendant, had been quashed, and had not been reinstated by amendment, and he had not appeared, or answered, to the action. This was error.

¶2There was no service upon the defendant King. The judgment is therefore erroneous as to both defendants: one only prosecutes this writ of error; hut, as the judgment is upon a joint obligation, and is entire, the reversal will operate as to both defendants. (Burleson v. Henderson, 4 Tex. R. 49.) The judgment is reversed and the cause remanded.

¶3Reversed and remanded.

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