Mansfield v. Security Trust Co. of Houston

175 S.W. 771, 1915 Tex. App. LEXIS 415

Opinion

MOURSUND, J.

The Security Trust Company of Houston obtained a judgment by default against H. P. Mansfield, W. C. Moore, and C. F. Stevens. Mansfield and Moore seek, by this proceeding, to set aside such judgment; their contention being that the return on the citation is insufficient to authorize a judgment by default against them.

Under the rule that nothing essential by statute to the service of a citation should be left to inference in order to sustain a judgment by default, we hold that the return in this case is insufficient to show that a true copy of the citation was delivered to each of the defendants Moore and Mansfield. The judgment against said two parties is reversed and the cause remanded.

Footnotes

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