Burke v. Thomson

Citations

• 29 Tex. 158

Syllabus

<p>The principle in Thomson v. Bishop, 24 Tex., 302, explained to mean, that the sheriff may amend his return by leave of the court, in accordance with the statute. (Paschal’s Dig., Art. 53, Note 242.)</p> <p>Such an amendment might be made independently of the statute by bill of review, but it may be made at any time under the direction of the court.</p> <p>If the amendment be made at a term after the rendition of the judgment, notice of the motion should be given; but the five days required for the service of an original citation (Paschal’s Dig., Art. 1506) are not a prerequisite to a good notice.</p> <p>A party cannot limit the powers of his attorney of record, so as to defeat the service of notice.</p>