30 Tex. 499
Decided October 15, 1867
Texas Supreme Court · decided 1867-10-15
The case was tried before Hon. Hat. M. Burford, one of the district judges. The original petition was a suit against the maker of a note and the stake-holder, to recover the amount of a note for $250, won on a horse-race, and which the stake-holder refused to surrender and the maker to pay. On this petition a writ was issued on the 15th December, 1859, on which there was no return.
Decided 1867-10-15
¶1The plaintiff in error assigns several errors, and has furnished an elaborate brief; but we deem it unnecessary to notice any except the last one mentioned, which is, that there was no service or appearance of defendants below. Because, therefore, it appears that the court did not have jurisdiction of the person of defendants, it is ordered that the judgment be reversed and the cause remanded.
¶2Reversed and remanded.