Gamble v. Dalrymple

Citations

• 28 Tex. 593

Syllabus

<p>The 13th section of the act concerning proceedings in the district court having provided that non-resident parties shall be served with citation by publication in a newspaper, other modes of service upon such parties are thereby superseded, and it is not competent to obtain jurisdiction of a non-resident party by a substituted service upon the attorney of a party claiming under such non-resident. (Paschal’s Dig., Art. 25, Note 233.) .</p> <p>A judgment based upon such an unwarranted mode of service (the defendant having moved to set it aside) cannot be sustained, and will he reversed on error. (Paschal’s Dig., Art. 25, Note 233.)</p>