Willie v. Thomas

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by defendants in error, against the plaintiffs in error, on a joint and several promissory note.' Return of service of citation, as to two of the defendants, James Willie and A. H. Willie, as follows: “ Came to hand July 31st, 1857, and exe- “ cuted the same day, by serving James Willie with a true copy “of this writ, together with a certified copy of the accompanying petition. “A. G-.

Cited by 6 later decisions — most recently June 1929

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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Bell, J.

¶1The record does not show proper service of the citations to James Willie and A. H. Willie, two of the defendants in the court helow. The return of the sheriff, on the citations to those defendants, was to the effect, that he had served them with writ, &c. We have, at the present term, held such returns to he insufficient: (Graves v. Robertson, ante, page 130.)

¶2A. H. Willie does not prosecute this writ of error; but the reversal of the judgment, as to one of the defendants, will operate as a reversal as to all: (Burleson v. Henderson, 4 Tex. Rep. 49; Wood v. Smith, 11 Id. 367.)

¶3The judgment is reversed, and remanded for proper service on the parties who are not properly served, and for further proceedings.

¶4Reversed and remanded.