Thomson v. Bishop

Citations

• 29 Tex. 154

Syllabus

<p>Where the defendant had prosecuted error, and the judgment had been reversed for want of legal service, and the case remanded, it then stood in the district court for future action upon the record and mandate, and if the defendant fail to answer, he was liable to a judgment by default.</p> <p>Where the court had granted the sheriff leave to amend his return, and he had amended it after the writ of error was served, but before the transcript was filed in the Supreme Court, the defendant cannot object that the amendment was improperly made. The district court still had jurisdiction of the case. (Paschal’s Dig., Art. 53, Note 242.)</p> <p>Notice of amendments may be served by any person who may be a competent witness. (Paschal’s Dig., Art. 1463, Note 561.)</p> <p>After appearance by attorney, the defendant cannot object to the insufficiency of the sheriff’s return.</p>