Wimbish v. Wofford

Citations

• 33 Tex. 109

Syllabus

<p>1. A citation tested by a deputy clerk in his own name, as deputy clerk, and pretermitting the name of his principal, is void ; and judgment taken by default on such a citation will be set asido by this court on writ of error.</p> <p>2. Article ’496 of Paschal’s Digest does not empower deputy clerks to test writs otherwise than as prescribed in Article 1431, to-wit; in the name of the clerk.</p>