Holliday v. Steele

Citations

• 65 Tex. 388
• 1886 Tex. LEXIS 674

Syllabus

<p>1. Citation—Sheriff’s return—Defective service—The return upon the citation was as follows : “ Came to hand on the 12th day of February, A. D. 1884, at 11 o’clock a. m., and executed the 18th day of February, A. D. 1884, by delivering to Mrs. A. A. Holliday and W. H. Holliday, the within named defendants, in person, a true copy of this writ.” Held:</p> <p>(1) The service was insufficient;</p> <p>(2) The fact that in the statement of the sheriff’s costs, at the end of the transcript, fees for delivering two citations are charged, does not cure the defect in the return.</p> <p>2. Case followed—The case of King v. Goodson (42 Tex. 153), cited and followed.</p>