Scott & Sparrow v. Watts

Court of Appeals of Texas

Scott & Sparrow v. Watts

1 White & W. 38

CourtCourt of Appeals of Texas

DecidedJanuary 26, 1881

DocketNo. 1111, Op. Book No. 3, p. 447

StatusPublished

This text of 1 White & W. 38 (Scott & Sparrow v. Watts) 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

Scott & Sparrow v. Watts, 1 White & W. 38 (Tex. Ct. App. 1881).

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Opinion

Opinion by

White, P. J.

§ 88. Service of citation by military officer. A defendant was served with citation by a lieutenant of state troops, and upon such service judgment by default was rendered. Held, that the officer had’ no authority to serve civil process, and the service being a nullity, the judgment by default was set aside.

§89. Defective citation. A citation which cited the defendant to appear in the year 187, cited him to appear at an impossible date, and was held to be fatally defective, and a judgment by default rendered thereon was set aside.

Reversed and remanded.

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Opinion by

White, P. J.

§ 88. Service of citation by military officer. A defendant was served with citation by a lieutenant of state troops, and upon such service judgment by default was rendered. Held, that the officer had’ no authority to serve civil process, and the service being a nullity, the judgment by default was set aside.

§89. Defective citation. A citation which cited the defendant to appear in the year 187, cited him to appear at an impossible date, and was held to be fatally defective, and a judgment by default rendered thereon was set aside.

Reversed and remanded.

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Bluebook (online)

1 White & W. 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-sparrow-v-watts-texapp-1881.