25 Tex. 175
Decided October 15, 1860
Texas Supreme Court · decided 1860-10-15
The case was tried before Hon. A. W. Terrell, one of the district judges. The service of the scire facias was in these words: “And ■ executed this the 21st March, A. D. 1859, by serving the original scire facias on the within-named person, Edward Winans.”
Decided 1860-10-15
¶1—The return of the sheriff upon the writ of scire facias as to the two Winans is defective, in reciting that it was “served” on them. (Graves v. Robertson, 22 Tex., 130; Underhill v. Lockett, 20 Tex., 130.) The judgment being by default, must be
¶2Reversed and the cause remanded.