Allen v. Wyser

Citations

• 29 Tex. 150

Syllabus

<p>The 16th section of the act of 1848, “ concerning proceedings in the district court,” (before amended,)read as follows: “If the plaintiff, his agent, or attorney, shall, at the time of instituting his suit, or at any time during the progress thereof, make affidavit before the clerk of the court that the defendant is not a resident of this State, or that he is absent from this State, or that he is a transient person, or that his residence is unknown to the affiant, the clerk of the court shall issue a citation to the proper officer, (which citation shall contain a brief statement of the cause of action,) commanding the said officer to summon the defendant, by making publication of the citation in some newspaper published in the county where the writ issued, if there be a newspaper published in said county, hut if not, then in the nearest county where a newspaper is published, for four weeks previous to the return day of such process.” (Paschal’s Dig., Art. 25, Note 233.) Although the suit was to recover a debt, and in no way a proceeding in rero, the court rendered judgment by default upon service by publication: Held, that in suits by publication the plaintiff is held to a strict compliance with every requirement of the law.</p>