20 Tex. 1
Decided July 1, 1857
Texas Supreme Court · decided 1857-07-01
Error from Austin. Tried below before the Hon. Thomas H. DuVal. Suit by defendant in error against F. W. Chandler, A. J. Hamilton, and George H. Gray, on their joint and several promissory note. Citation returned served on Chandler and Gray, and “not served” on Hamilton. Judgment by default against all of the defendants. Writ of error by all of the defendants.
Cited by 1 later decisions — most recently May 1929
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1857-07-01
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¶1Defendant suggests delay, and asks damages. There is no service of process on one of the joint makers of the note, and judgment by default is taken against all of them. Upon *2the authority of Saffold and others v. Navarro (15 Tex. R. 76) defendant may now dismiss as to Hamilton, who was not served, and the judgment will be reformed and rendered against those served with process.
¶2Ordered accordingly,