McDaniel v. State

Court of Appeals of Texas

McDaniel v. State

200 S.W. 411, 1918 Tex. App. LEXIS 31

CourtCourt of Appeals of Texas

DecidedJanuary 17, 1918

DocketNo. 783.

StatusPublished

Cited by1 cases

This text of 200 S.W. 411 (McDaniel v. State) 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

McDaniel v. State, 200 S.W. 411, 1918 Tex. App. LEXIS 31 (Tex. Ct. App. 1918).

Pincite

Opinion

HARPER, C. J.

This suit was instituted by the county attorney of Reeves county, Tex., in the name of the state of Texas to enforce the collection of delinquent taxes due on certain described lands, and this appeal is prosecuted from a judgment by default for the amount of state and county taxes, interest and penalties alleged to be due against M. Meierhoffer and Elzada McDan-iels, a widow, and Leo McDaniels, a minor.

The transcript does not show any appearance by defendants, nor does it contain the citation and return, as required by statute. Without the citation and return we cannot determine whether there is such issuance, service, and return of process as is necessary to support a judgment by default, and it is not sufficient that the judgment contains the recital that defendants were duly served with citation. Palomas Land & Cattle Co. V. Good, 184 S. W. 805.

For which reason the cause must be reversed and remanded, and it is so ordered.

WALTHALL, J., did not sit, being absent on committee of judges assisting the Supreme Court.

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