Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 184
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iS:- BOYDEN V. /ICCOLNE. [Term of
Opinion of the Court.
Pat. O'IDocharty, for Plaintiff in Error.
Davi8s c& AurpAy, for Defendant in Error.
DEVINE, J.-Judgment by default was entered against plaint.
iff in error, and in favor of lMcClane, in June 1873, in the
District Court in Nueces County.
The plaintiff in error seeks a reversal of the judgment, on
the following grounds:
"1. That no legal service was had upon him, of the citation,
as required by law."
2. The citation was served by a person purporting to be
"a ' special constable of precinct No. 1, of Nueces County,'
" when no such office as ' special constable' for the purpose of
" serving citations in general, is known to, or provided for
"by the law; and in rendering judgment upon such service
"by default, the court erred."
"' 3. That a special constable has no power to make service of
" civil process, from the District Court, and in rendering judg"ment
on such service, the court erred."
The citation was directed " To the sheriff or any constable
of Nucces County."
The return of service is, " Came to hand, January 1st, 1873,
' and executed on the second day of same month, by deliver"ing
to the within named defendant, James Boyden, in person,
~'a certified copy of petition and true copy of citation.
" Jos. E. FITzIMrMOS,
4' Special constable, Precinct No. 1, Nueces Co., Texas,
" Corpus Christi, Texas."
A special constable may be appointed in cases of emergency
by any justice of the peace (Art. 6312, 2d Vol. Pas.
Dig.); such person can execute any process civil or criminal.
No power is given, however, for such constable to serve citations
or execute process in civil causes pending in the District
Courts. When the office of sheriff is vacant, or when the sheriff
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/192/: accessed August 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .