Houston & T. C. R. R. Co. v. Burke

Citations

• 55 Tex. 323
• 1881 Tex. LEXIS 124

Syllabus

<p>1. Citation.— Though, under the Revised Statutes (arts. 1315, 1319, 1330), the citation to a defendant should state, amongst other things, the nature of the plaintiff’s demand, it was not designed to supply in this respect the place of the petition; a general statement notifying defendant of the character of plaintiff's demand, and avoiding any attempt at detail, is sufficient.</p> <p>2. Same—Statutes construed. —In a suit against an incorporated company, citation may be served upon a local agent representing the company in the county in which such suit may be brought (R. S., 1333). A petition alleged that a defendant incorporated company had an office “for the transaction of business as a common carrier in the city of Austin, Travis county, Texas, at which place the agent of said company is Robert S. Collins.” The suit was brought in Travis county. Held, that service of citation on Robert S. Collins was sufficient to hold the defendant to answer the petition, and that no judicial ascertainment of the agency was required to authorize a judgment by default.</p> <p>3. Service.—When service of citation is made upon the agent of an incorporated company who resides in the county where the suit is brought, the defendant company, though its principal office may be elsewhere, is not entitled to be served -with a certified copy of the petition.</p> <p>4. Fact case.—See opinion for facts stated in motion and affidavits to set aside a judgment by default, which so far excused a failure to answer, that, if accompanied with a showing of a meritorious and valid defense, should have authorized the granting- of the motion.</p> <p>5. Practice.— A defendant against whom a judgment by default has been rendered cannot complain that plaintiff’s claim for damages was excessive, if, after overruling his application to set aside the default, the court permitted the defendant to introduce evidence to show the true extent of damage sustained.</p> <p>6. Common carrier—Railroad company—Bill