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65 Tex. 388

Holliday v. Steele

Texas Supreme Court

Decided January 29, 1886

Texas Supreme Court · decided 1886-01-29

<p>Error from Brazos. Tried below before the Hon. W. E. Collard.</p>

Relies on King v. Goodson

Good law ✅— No negative treatment on recordhow we know

Decided 1886-01-29

How this case has been cited

Cited by 11 later decisions — most recently May 1929

11 state decisions

5018861890190019101920decided

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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Robertson, Associate Justice.

¶1defendant in error recovered a judgment by default against the plaintiffs in error. The return upon the citation is in the following words: “Came to hand on the twelfth day of February, A. D. 1884, at 11 o’clock a. m., and executed the eighteenth day of February, A. D. 1884, by delivering to *389Mrs. A. A. Holliday and W. H. Holliday, the within named defendants, in person, a true copy of this writ.” This language is almost identical with that of the return held to be insufficient in the case of King v. Goodson, 42 Tex. 153, and, on that authority, the service must be held to be bad. In the statement of the sheriff’s costs, at the end of the transcript, fees for delivering two citations are charged, but we do not think this cures the defect in the return. The judgment is reversed and the cause remanded.

¶2Reversed and Remanded.

¶3[Opinion delivered January 29, 1886.]

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