# Cobb v. Brown

> Court of Appeals of Texas · June 22, 1887 · 3 Willson 383

URL: https://www.frixlaw.com/law-library/cases/4908933

## Case

- **Full name:** B. R. Cobb v. D. C. Brown
- **Court:** Court of Appeals of Texas
- **Decided:** June 22, 1887
- **Citations:** 3 Willson 383
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Willson
- **Judges:** Willson
- **Cited by:** 0 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/4908933

## Opinion text

Opinion by
Willson, J.
§ 314. Citation served after return day is invalid service. Brown recovered judgment by default against Cobb. Citation in the suit was served upon Cobb October 7, 1S85, two days after said citation was returnable. Held: Such service was void. A citation must bo served before the return day thereof. [R. S. art. 1228.] At the date of the service of said citation it was impossible for the defendant to appear and answer on the day named therein for him to do so. [W. & W. Con. Rep. § 83.]
Reversed and remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4908933. Public record. Not legal advice.