# Hendon v. Pugh

> Texas Supreme Court · July 1, 1876 · 46 Tex. 211

URL: https://www.frixlaw.com/law-library/cases/4892816

## Case

- **Full name:** J. W. Hendon v. W. H. Pugh
- **Court:** Texas Supreme Court
- **Decided:** July 1, 1876
- **Citations:** 46 Tex. 211
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gould
- **Judges:** Gould
- **Cited by:** 27 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/4892816

## How later opinions describe it (automated extraction)

- holding that service was ineffective when service was made on "J.N. Hendon" but the petition named "J.W. Hendon" as the defendant
- holding service invalid when the sheriff’s return identified “J.N. Hendon” as the individual served, not the individual defendant, “J.W. Hendon”

## Opinion text

Gould, Associate Justice.
The 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 .)
As 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.
Reversed and remanded.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4892816. Public record. Not legal advice.