Filman v. Johnson

Court of Appeals of Texas

Filman v. Johnson

4 Willson 216

CourtCourt of Appeals of Texas

DecidedJune 25, 1890

DocketNo.6924

StatusPublished

This text of 4 Willson 216 (Filman v. Johnson) 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.

Bluebook

Filman v. Johnson, 4 Willson 216 (Tex. Ct. App. 1890).

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Opinion

Opinion by

Will-son, J.

§152. Citation; service of on one defendant no authority for judgment against others, when. Plaintiff in error sued defendant in error and H. J. Frees and Charles Ettinger to recover an alleged indebtedness of $250. Service of citation was had only upon H. J. Frees. Judgment by default was rendered against all the defendants. From said judgment Tilman alone prosecutes this writ of error. No facts are alleged in the petition which would make service of citation upon one of the defendants valid as to all of them. Service of citation upon Frees did not therefore authorize judgment by default against the other parties.

Reversed and remanded.

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Opinion by

Will-son, J.

§152. Citation; service of on one defendant no authority for judgment against others, when. Plaintiff in error sued defendant in error and H. J. Frees and Charles Ettinger to recover an alleged indebtedness of $250. Service of citation was had only upon H. J. Frees. Judgment by default was rendered against all the defendants. From said judgment Tilman alone prosecutes this writ of error. No facts are alleged in the petition which would make service of citation upon one of the defendants valid as to all of them. Service of citation upon Frees did not therefore authorize judgment by default against the other parties.

Reversed and remanded.

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Bluebook (online)

4 Willson 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filman-v-johnson-texapp-1890.