Chester v. Walters' Adm'r

Citations

• 30 Tex. 53

Syllabus

<p>Where there were three defendants sued by citation merely as makers of a promissory note, two of whom had been served personally and one by publication, (Paschal’s Dig., Art. 25, Note 223,) and answers were filed by the two served personally, but none as to the absentee, but the judgment recited that the defendants appeared, and the absentee prosecuted error, and alleged that a statement of facts had not been filed as required by law. (Paschal’s Dig., Art. 1488, Note 580:) Held, that the service by publication was a legal service, and that, therefore, the recitation that the defendants appeared would be construed to apply to all the defendants, and that, where the defendant served by publication appears, no statement of facts is necessary.</p>