Graves v. Drane

Citations

• 66 Tex. 658
• 1 S.W. 905
• 1886 Tex. LEXIS 591

Syllabus

<p>1. Citation—Requisites—Practice.—A citation gave the name of the partnership but not the names of its members. Defendant was net a resident of the county where suit was brought, and a copy of the petition, containing both the partnership and individual names of plaintiffs, was served upon defendant along with the citation. Held, the citation was sufficient.</p> <p>2 Same—Return.—The exact language of Art. 1220, Revised Statutes, need not be used by an officer in making his return. (Clark ». Wilcox, 31 Tex., 328.) See opinion for a sufficient return.</p> <p>3. Judgment by default—Allegations of petition—Practice.—A petition subject to special exception, but good on general demurrer, will sustain a judgment by default. (Bledsoe v. Willis, 22 Tex., 660, approved, and other authorities compared.)</p>