# Baber v. Brown

> Texas Supreme Court · December 14, 1880 · 54 Tex. 99

URL: https://www.frixlaw.com/law-library/cases/4893463

## Case

- **Full name:** Thos. A. Baber v. F. M. Brown
- **Court:** Texas Supreme Court
- **Decided:** December 14, 1880
- **Citations:** 54 Tex. 99; 1880 Tex. LEXIS 132
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gould
- **Judges:** Gould
- **Cited by:** 3 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/4893463

## Opinion text

Gould, Associate Justice.
The 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 *101 county, no amended petition having been filed alleging that the defendant resided in Gonzales.
Under 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.
The judgment is affirmed.
Affirmed.
[Opinion delivered December 14, 1880.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4893463. Public record. Not legal advice.