Rodgers v. Green

Citations

• 33 Tex. 661

Syllabus

<p>£. It is well settled that unless the citations in a suit state the names of all the parties to the action, no judgment b3T default can be taken against the defendants, or any one or mere of them.</p> <p>2. in a suit against several defendants the clerk, besides reciting the names of the defendants, inserted in each citation a designation of the particular defendant to be served with that particular writ. On one of them, . designated for service on the defendant A., the sheriff returned, li came to hand July 7, 186S, and executed by delivering to the within named defendant a certified copy of plaintiff’s petition, together with this writ. July 23, 1863.” Reid, that the return is defective, inasmuch as it would he true no matter which one of the defendants named in the citation was the party served. The return should have named A. as the person served.</p> <p>3. When more defendants than one are named in a citation, it is indispensable that the sheriff’s return shall specifically set out the name of the person served; and this would be the better practice even when there is hut one defendant.</p>