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3 Willson 383

Cobb v. Brown

Court of Appeals of Texas

Decided June 22, 1887

Court of Appeals of Texas · decided 1887-06-22

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

Decided 1887-06-22

¶1Opinion by

Willson, J.

¶2§ 314. Citation served after return day is invalid service. Brown recovered judgment by default against Cobb. Citation in the suit was served upon Cobb October 7, 1S85, two days after said citation was returnable. Held: Such service was void. A citation must bo served before the return day thereof. [R. S. art. 1228.] At the date of the service of said citation it was impossible for the defendant to appear and answer on the day named therein for him to do so. [W. & W. Con. Rep. § 83.]

¶3Reversed and remanded.

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