Baber v. Brown

Decided December 14, 1880

Texas Supreme Court · decided 1880-12-14

Error from Comanche. Tried below before the Hon. J. P. Osterhout. Suit was brought by F. M. Brown, the defendant in error, in the district court of Comanche county. The petition alleged that “the plaintiff is a resident of Comanche county, and the defendant, Thos.

Cited by 1 later decisions — most recently October 1911

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-12-14

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Gould, Associate Justice.

¶1The petition alleged that the defendant resided in Washington county, and citation having been returned by the sheriff of that county, “not to be found in Washington county, but in Gonzales county,” another citation was issued, directed to. Gonzales *101county, no amended petition having been filed alleging that the defendant resided in Gonzales.

¶2Under art. 1435, Pasch. Dig., this citation, issued in January, 1874, was valid, and having been duly returned served, the defendant was in default when he failed to appear. In Ward v. Latimer, 12 Tex., cited by counsel, the citation for Martin had not been returned not found.

¶3The judgment is affirmed.

¶4Affirmed.

¶5[Opinion delivered December 14, 1880.]