Bostwick v. Allen

Court of Appeals of Texas

Bostwick v. Allen

189 S.W.2d 448, 1945 Tex. App. LEXIS 774

CourtCourt of Appeals of Texas

DecidedSeptember 12, 1945

DocketNo. 11539.

StatusPublished

Cited by1 cases

This text of 189 S.W.2d 448 (Bostwick v. Allen) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bostwick v. Allen, 189 S.W.2d 448, 1945 Tex. App. LEXIS 774 (Tex. Ct. App. 1945).

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Opinion

NORVELL, Justice.

Malcolm E. Bostwick brings this case here by writ of error. Articles 2249 and 2249a, Vernon’s Ann.Civ.Stats. D. E. Allen and Mary B. Allen secured a money judgment against Bostwick by default. Bost-wick insists here that the judgment must be reversed for want of lawful service of citation.

This contention must be sustained. The record discloses that service of citation on Bostwick was had on Sunday. Rule 6, Texas Rules of Civil Procedure, provides that “No civil suit shall be commenced nor process issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings.” See also Crabtree v. Whiteselle, 64 Tex. 111; Norvell v. Pye, Tex.Civ.App., 95 S.W. 666; Michael v. Michael, Tex.Civ.App., 100 S.W. 1018.

Judgment reversed and cause remanded.

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NORVELL, Justice.

Malcolm E. Bostwick brings this case here by writ of error. Articles 2249 and 2249a, Vernon’s Ann.Civ.Stats. D. E. Allen and Mary B. Allen secured a money judgment against Bostwick by default. Bost-wick insists here that the judgment must be reversed for want of lawful service of citation.

This contention must be sustained. The record discloses that service of citation on Bostwick was had on Sunday. Rule 6, Texas Rules of Civil Procedure, provides that “No civil suit shall be commenced nor process issued or served on Sunday, except in cases of injunction, attachment, garnishment, sequestration, or distress proceedings.” See also Crabtree v. Whiteselle, 64 Tex. 111; Norvell v. Pye, Tex.Civ.App., 95 S.W. 666; Michael v. Michael, Tex.Civ.App., 100 S.W. 1018.

Judgment reversed and cause remanded.

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189 S.W.2d 448, 1945 Tex. App. LEXIS 774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bostwick-v-allen-texapp-1945.

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