Glenn v. Shelburne

Citations

• 29 Tex. 125

Syllabus

<p>The 13th section of the act to regulate proceedings in the district court reads as follows: “The sheriff, or other officer receiving any process, shall indorse thereon the day on which he received it, and shall execute the same, where not otherwise directed by the writ or citation, by delivering to the party or parties in person, upon whom he is required to serve it, a copy thereof, and a copy of the petition accompanying it, if there be one, if the party can be found; when the process directs other mode of service, it shall be executed according to the requirements of the process. (Paschal’s Dig., Art. 1433, Note 545.) By acknowledging service, the defendants only waived citation and service, but no other right. They were entitled until the fourth day of the term to answer. (Paschal’s Dig., Art. 1508, Note 594.)</p> <p>Where the defendants acknowledged service more than five days before the court, but the petition was not filed until the fourth day of the term, the plaintiff had no right to judgment by default at the same term. The petition ought to have been filed the first day of the term.</p>