149 S.W. 549 | Tex. App. | 1912
By the first and second assignments of error, the contention is made that the sheriff's return upon the citation to Cole and Crane showed service in the year "11," an impossible date, and does not, by any indorsement thereon, appear to have been filed by the clerk of the court as a part of the record after it was served. The sheriff's return upon the citation contains the following, "Came to hand on the 18 day of March, A.D. 1911," and further shows service on Crane and Cole on the following dates, "year 11, month 3, day 30"; those dates being tabulated, and the respective figures given being placed under the respective words preceding them. In view of the common usage *550
to express the year of a given date by using the last two figures only, and in view of the other portion of the officer's return, recited above, it clearly appears that the citation was served March 30, 1911. Schneider v. Dorsey,
We know of no statute which specifically requires the clerk to indorse his file mark upon a citation after its return to him by the officer charged with the duty of serving it. Furthermore, when returned to the custody of the clerk, it is then filed as a matter of law, even though no file mark be placed upon it to evidence such filing. Lessing v. Gilbert,
As plaintiff in error J. B. Cloyes has been dismissed from the suit by order of this court, upon motion of defendant in error, the assignments relating to the judgment against him will not be discussed.
The assignment addressed to the judgment against Jackson is overruled, because it is predicated upon the assumption that, by reason of the objections discussed already, the judgment against the other plaintiffs in error was erroneous, which assumption is incorrect.
The judgment is affirmed.