Hendon v. Pugh

Decided July 1, 1876

Texas Supreme Court · decided 1876-07-01

Error from Hopkins. Tried below before the Hon. W. H. Andrews. This was an action, brought by W. H. Pugh against J. W. Hendon, on two promissory notes, one payable to W. N. Pugh and the other payable to the order of W. N. Pugh, and to enforce a vendor’s lien on the land described in the petition. Judgment by default was rendered against plaintiff in error for the amount of the notes, and enforcing vendor’s lien, from which judgment a writ of error was prosecuted.

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Decided 1876-07-01

How this case has been cited

Cited by 12 later decisions — most recently January 2019

12 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gould, Associate Justice.

¶1The sheriff’s return on the citation for the defendant J. W. Hendon is as follows: “ Came to hand January 31,1876, and executed same day, by delivering to J. U. Hendon in. person a true copy of the within citation, together with a certified copy of plaintiff’s original petition.” This return fails to show, with reasonable certainty, that the citation was served on the defendant in the suit. (Brown v. Robertson, 28 Tex., 557.)

¶2As the judgment by default was taken without a proper return on the citation showing service on the defendant, the judgment is reversed and the cause remanded.

¶3Reversed and remanded.