# Crosby v. Lum

> Texas Supreme Court · July 1, 1872 · 35 Tex. 41

URL: https://www.frixlaw.com/law-library/cases/4891221

## Case

- **Full name:** G. Crosby and others v. J. D. Lum
- **Court:** Texas Supreme Court
- **Decided:** July 1, 1872
- **Citations:** 35 Tex. 41
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Ogden
- **Judges:** Ogden
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4891221

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4891221. Public record. Not legal advice.