Violand v. Saxel
This text of 31 Tex. 283 (Violand v. Saxel) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
—The petition was filed 16th October, 1860, citation issued 16th October, 1860, directing the sheriff to summon the defendants to appear on the [first] Monday of March, 1860; judgment by default 15th March, 1861.
The statute (Paschal’s Dig., Art. 1431) requires the writ to state the time and place of holding the court.
As the month of March has more than one Monday, the requirements of the statute are not complied with unless the particular Monday is stated. [The writ was returnable on “the first Monday in March, A., P. 1860.” — Reporter. Moreover, had the numerical Monday been stated, the writ [284]*284was bad by requiring the defendants to appear at a time that had elapsed before the writ was issued. Judgment reversed and cause
Demanded.
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31 Tex. 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/violand-v-saxel-tex-1868.