Kennedy v. McCoy

Citations

• 46 Tex. 220

Syllabus

<p>1. Acceptance of service of citation.—A party accepting service of the petition, and waiving process, does not thereby waive his right to defend the action.</p> <p>2. Default—Same.—Where service of citation was waived and the petition was not filed by the first day of the term, it was error to take judgment by default at such term.</p> <p>3. Glenn v. Shelburne, 29 Tex., 125, approved.</p>