James v. Heirs of Gray

3 Tex. 514 | Tex. | 1848

Mr. Justice Lipscomb:

The citation appears to have been served on the attorneys of record, but there is no evidence that the place of residence of the defendants was not known. They may have resided in an adjoining county for aught that appears to the contrary. It . seems that the plaintiff in error, if the residence of the defendants was not known, should so have alleged in his application for the writ to authorize its service on the attorney.

The motion to dismiss is granted.