Dickson v. Burke

Citations

• 28 Tex. 117

Syllabus

<p>A citation must have been served five clear days before the court in order to compel a defendant to plead at the return term. (Paschal’s Dig., Art. 1506, Note 592.)</p> <p>A judgment by default, when citation had not been served at least five days before the return day, exclusive of the days of service and return, must be reversed.</p> <p>When the judgment in such a case was a joint judgment against partners, it must be reversed as to both partners, although only one of them prosecutes the writ of error, and although the other, who is not in any way before this court, was served in time.</p>