Violand v. Saxel

Decided October 15, 1868

Texas Supreme Court · decided 1868-10-15

Error from Bexar. The ease was tried before Hon. Thomas J. Pevihe, one of the district judges. The petition of A.P. Saxel against E. S.Violand and Justin McCarthy was filed on the 16th day of October, I860,' and the citations to the defendants, issued on the same day, summoning them to appear and answer at the term of the court to be holden “ on the first Monday of March, A. D. 1860.” The judgment was rendered by default on the 15th of March, 1861.

Cited by 2 later decisions — most recently December 1924

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-10-15

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Morrill, C. J.

¶1—The petition was filed 16th October, 1860, citation issued 16th October, 1860, directing the sheriff to summon the defendants to appear on the [first] Monday of March, 1860; judgment by default 15th March, 1861.

¶2The statute (Paschal’s Dig., Art. 1431) requires the writ to state the time and place of holding the court.

¶3As the month of March has more than one Monday, the requirements of the statute are not complied with unless the particular Monday is stated. [The writ was returnable on “the first Monday in March, A., P. 1860.” — Reporter. Moreover, had the numerical Monday been stated, the writ *284was bad by requiring the defendants to appear at a time that had elapsed before the writ was issued. Judgment reversed and cause

¶4Demanded.