Crosby v. Lum

Texas Supreme Court

Crosby v. Lum

35 Tex. 41

CourtTexas Supreme Court

DecidedJuly 1, 1872

StatusPublished

Cited by1 cases

This text of 35 Tex. 41 (Crosby v. Lum) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crosby v. Lum, 35 Tex. 41 (Tex. 1872).

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Opinion

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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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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Bluebook (online)

35 Tex. 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crosby-v-lum-tex-1872.

Opinion

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