Mansfield v. Security Trust Co. of Houston
This text of 175 S.W. 771 (Mansfield v. Security Trust Co. of Houston) 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.
Opinion
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 *772 of the defendants Moore and Mansfield. The judgment against said two parties is reversed and the cause remanded.
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Cite This Page — Counsel Stack
175 S.W. 771, 1915 Tex. App. LEXIS 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mansfield-v-security-trust-co-of-houston-texapp-1915.