Wadley v. Johnson

Texas Commission of Appeals

Wadley v. Johnson

2 Posey 739

CourtTexas Commission of Appeals

DecidedJuly 1, 1881

DocketNo. 3957

StatusPublished

This text of 2 Posey 739 (Wadley v. Johnson) is published on Counsel Stack Legal Research, covering Texas Commission of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wadley v. Johnson, 2 Posey 739 (Tex. Super. Ct. 1881).

Pincite

Opinion

Suit brought against Wadley as maker, and McOamant as indorser, on a note in Hood county. Citation issued to [740]*740“the sheriff or any constable of Hood county,” and was .served by the sheriff of Hill county. McCamant accepted service. Judgment was rendered by default against Wadley-only, and did not dispose of the defendant McCamant. Held9 this court has no jurisdiction, there being no final judgment. A judgment must dispose of the whole subject-matter in controversy as to all the parties, otherwise it is not fatal. Linn v. Arambould, 55 Tex., 616. A citation directed to one county is no authority to an officer of another county to serve same, and is no service in contemplation of law, and the court has no jurisdiction of defendant’s person. Witt v. Kaufman, 25 Tex. Sup., 386. A citation not stating the names of all the defendants to the suit will not support a judgment by default when tested on appeal or writ of error. Norvell v. Garthwaite, 25 Tex., 584,

Writ of error dismissed.

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Suit brought against Wadley as maker, and McOamant as indorser, on a note in Hood county. Citation issued to [740]*740“the sheriff or any constable of Hood county,” and was .served by the sheriff of Hill county. McCamant accepted service. Judgment was rendered by default against Wadley-only, and did not dispose of the defendant McCamant. Held9 this court has no jurisdiction, there being no final judgment. A judgment must dispose of the whole subject-matter in controversy as to all the parties, otherwise it is not fatal. Linn v. Arambould, 55 Tex., 616. A citation directed to one county is no authority to an officer of another county to serve same, and is no service in contemplation of law, and the court has no jurisdiction of defendant’s person. Witt v. Kaufman, 25 Tex. Sup., 386. A citation not stating the names of all the defendants to the suit will not support a judgment by default when tested on appeal or writ of error. Norvell v. Garthwaite, 25 Tex., 584,

Writ of error dismissed.

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Bluebook (online)

2 Posey 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wadley-v-johnson-texcommnapp-1881.