Cases argued and decided in the Supreme Court of the State of Texas, during the Austin term, 1885, and the early portion of the Tyler term, 1885. Volume 64. Page: 46
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' 46 CONTINENTAL INS. Co. v. IMILLIKEN. [Austin Term,
9X Ad·. 'Opinion of the court.
:: ir, THE CONTINENTAL INSURANCE Co. v. S. I. MILLIKEN.
^ g~~ V^;~, r= 1(Case No. 5329.)
3 1 s 1. SERVICE OF CITATION, AND RETURN THEREOF.--Service of citation upon the
t * x local agent representing an incorporated or joint stock company in the
" county where the suit is brought should be made by a delivery by the officJ
er of a true copy of the citation to the local agent, and the return of serv;
t 4i ice should state that se rvice was effected in that manner.
2. SAME.- The return of an officer on a citation, which states'that the writ was
A>) sX served, without disclosing the method in which it was served, does not state
a fact necessary to assure jurisdiction, but states a conclusion as to the
legality of an executive act, of which the law does not make the officer the
,4 s" judge, and such return of service is insufficient.
3. SAME - PRACTICE - AMENDMENT.- Where exceptions to the sufficiency of the
% :*! service of citation on the defendant had been overruled, and exception
,t ~g \ taken, the act of the district court in permitting the return of service to be
eid " so amended as to show legal service cannot be considered on appeal, when
~%~ k } such permission was given after the appeal was perfected.
4. PRACTICE- EXCEPTIONS, BILL OF.--When, at the request of counsel, conclusions
of law and facts are made out by the trial judge, and neither the conc
lusions of law nor the sufficiency of the facts to sustain the judgment are
excepted to, the sufficiency of the facts found to sustain the legal conclu^
Ai sions will not be considered an appeal, unless exceptions are waived.
4 5. SAME.--If exceptions be made and noted, the adverse party is charged with
notice thereof, and he may, in his own protection (if deemed necessary),
have a statement of facts fully presenting the case made and submitted.
6. SAME - PRACTICE.- When no exceptions are taken to the conclusions of law,
or to the judgment, the only inquiry on appeal will be as to whether the
pleadings authorized the judgment (unless the failure to except was waived,
or not insisted on).
APPEAL from Parker. Tried below before the Hon. A. J. Iood.
The opinion explains itself.
Lanharm & Stephens, for appellants, that the court erred in over
ruling exceptions to the return of service, cited: R. S., arts. 1219i
1225; Graves v. Robertson, 22 Tex., 130; Willie v. Thomas, 2
Tex., 175.
B. G. Bidwell and Jasper Nt. Haney, for appellee, cited 61 Tex.,
483, and 29 Tex., 155, on the question involved in the service of
citation, and discussed other questions held not properly raised by
exceptions below.
STAYTON, ASSOCIATE JUSTICE.- There was exception taken to the
service of citation in this case, and this was overruled.
The return on the citation was, "came to hand the 14th day of
June, A. D. 1884, at 10 o'clock A. M., and executed the 14th day of
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the Austin term, 1885, and the early portion of the Tyler term, 1885. Volume 64., book, 1886; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28510/m1/70/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .