Bynum v. Hull

Citations

• 35 Tex. 27

Syllabus

<p>For rent in arrear on a verbal contract, a landlord sued out a distress warrant, returnable to a district court, and after levy of the warrant, the property seized was replevied by the tenant. Subsequently, the landlord filed his petition in the district court, but no citation issued, nor was any appearance entered by the defendant. Judgment final and by default, and without writ of inquiry or a finding by a jury, was rendered by the court against the defendant, who now prosecutes his writ of error. Held, that the judgment is erroneous; the defendant was entitled to citation and service, notwithstanding the distress warrant and his replevy of the property; and the demand not being evidenced by writing, an inquest of damages by a jury was necessary before final judgment.</p>