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33 Tex. 429

Willis v. Bryan

Texas Supreme Court

Decided July 1, 1870

Texas Supreme Court · decided 1870-07-01

Error from Davis. Tried below before tbe Eon. E. P. Mabry. The returns held to be insufficient are stated in the head note.

Cited by 2 later decisions — most recently April 1891

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-07-01

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Walker, J.

¶1We find, on inspection of the record in this case, that the service of citation is fatally defective. There were two defendants sued, and it does not appear, either from the original return of the sheriff, or his amendment thereto, that service was properly made on but one of them, and which one it is impossible to tell.

¶2The defendant McAlpine died before judgment, and judgment by default was taken against Willis. Upon the authority of Roberts v. Stockslager, 4 Tex., 307, and Covington v. Burleson, 28 Tex., 368, the judgment must be reversed on error, which is accordingly done, and cause remanded.

¶3Reversed and remanded.

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