Hewitt v. Thomas

Citations

• 46 Tex. 232

Syllabus

<p>1. Suit by publication—Practice—Amendment.—When by amendment an allegation is made of such a nature that the defendant should be served with notice, and such service was had by publication, there being no appearance, the proceedings will be considered as if in a “suit by publication,” and unless the record contain a statement of facts, such judgment will be reversed.</p> <p>2. Service by publication.—Since the “act of March 15, 1875, prescribing the mode of service in certain cases,” the affidavit of the person making such publication is required in addition to the return of the sheriff showing that the publication had been made.</p>