Opinion

Crosby v. Lum

  • 35 Tex. 41
Court
Texas Supreme Court
Filed
Jul 1, 1872
Status
Published
Author
Ogden
On the bench
Ogden
Cited by
1 cases
Authority
More cited than 58.5%

The opinion

Ogden, J.—This

suit was brought in the court below against three defendants, and judgment was rendered against all by default. The citation served upon each contained the name of the one defendant only upon whom the same was served. Such a citation is not a sufficient compliance with Article 1431, Paschal’s Digest, as decided in the cases of Burleson v. Henderson, 4 Texas, 51 ; Anderson v. Brown, 16 Texas, 554 ; Battle v. Eddy, 31 Texas, 369 , and Rogers v. Green, decided at the last term of this court, to support a judgment by default. The judgment is therefore reversed and the cause remanded.

Reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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