Willis v. Bryan

Citations

• 33 Tex. 429

Syllabus

<p>1. In a suit on a note against two defendants, it appears that but one citation issued, and it was returned by the sheriff. “ executed by handing defendants a copy of citation and petition,” and by amendment a further return was made that “ the writ was executed by delivering to the defendants, (naming both ot them,) in person, a certified copy of plaintiff’s petition and copy of this writ.” Held, that the service is defective, for the reason that the returns can import proper service on only one of the defendants, and does not show on which one of them it was made.</p>