Trevino v. Garza

Court of Appeals of Texas

Trevino v. Garza

1 White & W. 470

CourtCourt of Appeals of Texas

DecidedJanuary 31, 1883

DocketNo. 1396, Op. Book No. 2, p. 683

StatusPublished

This text of 1 White & W. 470 (Trevino v. Garza) 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

Trevino v. Garza, 1 White & W. 470 (Tex. Ct. App. 1883).

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Opinion

Opinion by

Willson, J.

§821. Citation; service of, must be five days before return day. Citation was served on defendant January 13, 1882, returnable on the 16th of January, 1882, and on the 18th of January, 1882, judgment by default was rendered upon such service. Held error. The judgment by default was prematurely rendered. Five days, exclusive of the day of service andtbe return day, had not elapsed. [R. s". 1228, 1245, 1281,1282.]

Reversed and remanded.

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Opinion by

Willson, J.

§821. Citation; service of, must be five days before return day. Citation was served on defendant January 13, 1882, returnable on the 16th of January, 1882, and on the 18th of January, 1882, judgment by default was rendered upon such service. Held error. The judgment by default was prematurely rendered. Five days, exclusive of the day of service andtbe return day, had not elapsed. [R. s". 1228, 1245, 1281,1282.]

Reversed and remanded.

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Bluebook (online)

1 White & W. 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trevino-v-garza-texapp-1883.