Hedges v. Armistead

Citations

• 60 Tex. 276
• 1883 Tex. LEXIS 319

Syllabus

<p>1, Service of process — Judgment.— In a suit against a partnership, service on one member of the firm, brings the firm before the court, so that a judgment may be rendered against it binding on the partnership and against the individual on whom service is made.</p> <p>2, Variance—Appeal bond.— When judgment is rendered on such service against the firm, and which also names the member served as a defendant against whom judgment is rendered individually, and the appeal bond names only the firm by the firm name, there is no variance; the objectionable words in the judgment will be regarded as surplusage. A mistake so obvious, which could be amended by the record, will be considered as amended.</p>