141 S.W. 1002 | Tex. App. | 1911
The statute (article 1218, R.S.) requires that, "unless the process shall otherwise direct, the citation shall be served if within the county in which suit is pending, by the officer executing it, delivering to the defendant, or if there be more than one, then to each defendant, in person, a true copy of the citation." This return is insufficient to show service upon each of the defendants in person of a true copy of the writ and is almost identical with the service in the case of Russel v. Butler,
It is not considered necessary to pass on plaintiff in error's remaining two assignments, which appear to complain only of matters of calculation in arriving at the amount of the judgment rendered, principal, interest, and attorney's fees, in view of the reversal of this case, because of the error hereinbefore pointed out.
The judgment is therefore reversed, and the cause remanded.