Norvell v. Garthwaite
25 Tex. 583
Tex.
1860
Check Treatment
Roberts, J.

The citations do not state the names of the par-

ties to the suit. A judgment by default was taken without any amendment of the writs. This defect in the writ has been held by this court to be available to defendant below on error. (Burleson v. Henderson, 4 Tex. R., 49; Frosch v. Schlumpf, 2 Tex. R., 422; O. & W. Dig., Art. 409.)

The judgment must be reversed and cause remanded.

Reversed and remanded.