Continental Insurance v. Milliken

Citations

• 64 Tex. 46

Syllabus

<p>1. Service of citation, and return thereof. — Service of citation upon the local agent representing an incorporated or joint stock company in the county where the suit is brought should be made by a delivery by the officer of a true copy of the citation to the local agent, and the return of service should state that se rvice was effected in that manner.</p> <p>2. Same.— The return of an officer on a citation, which states that the writ was served, without disclosing the method in which it was served, does not state a fact necessary to assure jurisdiction, but states a conclusion as to the legality of an executive act, of which the law does not make the officer the judge, and such return of service is insufficient.</p> <p>3. Same — Practice — Amendment. — Where exceptions to the sufficiency of the service of citation on the defendant had been overruled, and exception taken, the act of the district court in permitting the return of service to be so amended as to show legal service cannot be considered on appeal, when such permission was given after the appeal was perfected.</p> <p>4. Practice —Exceptions, bill of. — When, at the request of counsel, conclusions of law and facts are made out by the trial judge, and neither the conclusions of law nor the sufficiency of the facts to sustain the judgment are excepted to, the sufficiency of the facts found to sustain the legal conclusions will not be considered an appeal, unless exceptions are waived.</p> <p>5. Same. — If exceptions be made and noted, the adverse party is charged with notice thereof, and he may, in his own protection (if deemed necessary), have a statement of facts fully presenting the case made and submitted.</p> <p>6. Same — Practice.— When no exceptions are taken to the conclusions of law, or to the judgment, the only inquiry on appeal will be as to whether the pleadings authorized the judgment (unless the failure to except was waived, or not insisted on).</p>