Battle v. Eddy

Citations

• 31 Tex. 368

Syllabus

<p>It is necessary that a summons should recite the names of all the defendants to an action, even though a copy of the petition be served, which petition named all the defendants. (Paschal’s Dig., Art. 1430, Note 542.)</p> <p>The 13th section of the act to regulate proceedings in the district court allows a defendant to waive service in writing. (Paschal’s Dig., Art. 1432, Note 544.) It is no objection that the waiver was dated before the petition is filed.</p> <p>Where an indorser was sued, but not served, it is immaterial that the judgment by default took no notice of him.</p>