King v. Goodson

Citations

• 42 Tex. 152

Syllabus

<p>1. Service of citation.—A sheriff’s return, “ Came to hand September 30th, 1873, and executed same day by handing J. B. King and John A. Pearce, in person, a certified copy of plaintiffs’ petition, together with a copy of this citation, tills October 1st, A. D. 1873Held, insufficient in not clearly showing service upon both citation and copy of petition.</p> <p>2. Amendment—Practice—Judgment by default.—Where judgment was taken by default, enforcing a vendor’s lien set up by amendment upon one-half interest in a town lot, wherein the original lien was insisted upon against two-thirds of a half interest, and defendant having no notice of amendment: Held, to be error.</p>