31 Tex. 649
Decided January 15, 1869
Texas Supreme Court · decided 1869-01-15
Error from Gonzales. The case was tried before Hon. J. J. Holt, one of the district judges. The writ was directed to the sheriff of Gonzales county. The judgment was by default. The defendant below, among other things, assigned for error, that no legal writ had been served on him.
Decided 1869-01-15
¶1—The only error relied on in this court is, that there was no sufficient service, in this, that the writ was “directed to the sheriff of Gonzales county,” and not to the “ sheriff or any constable of Gonzales county.”
¶2The statute is in the alternative, and the writ may be directed to the. sheriff only, or, for sufficient cause, to the constable.
¶3Judgment affirmed.