Bendy v. James Boyce & Co.

Citations

• 37 Tex. 443

Syllabus

<p>In an action against two parties jointly, separate citations were issued against each, and the citations did not contain the names of both of the defendants ; one of them was returned with the foil owing indorsement: “ Exe- “ cuted by serving N. B. with a copy of this writ and the accompanying “copy of plaintiffs petition.” Seld, that both the citation and return were fatally defective—the citation, in not containing the names of all the parties to the suit, and the return, in not complying with Article 5121, Paschal’s Digest, regulating the manner of making service and return; and therefore the court below had no such jurisdiction as to authorize a judgment by default; and this defect is not cured by the dismissal as to the other party in the court below.</p>