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· 9/15/1994

Primate Construction, Inc. v. Silver

Citations

  • 884 S.W.2d 151
  • 37 Tex. Sup. Ct. J. 1216
  • 1994 Tex. LEXIS 130
  • 1994 WL 502763

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that proper service was not shown on the record when the return stated that the defendant was served with the original petition instead of the second amended petition
  • holding that the return of service is considered prima facie evidence of the facts recited therein, and “the weight given to the return is no less when the recitations impeach the judgment than when they support it”
  • stating that the supreme court has insisted on strict compliance affirmatively appearing in the record for “well over a century”
  • holding record must affirmatively show strict compliance with rules of citation to withstand default judgment on direct appeal
  • stating that the return is prima facie proof of matters stated in it
  • stating that strict compliance with Rule 107 is required to support default judgment

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.