BROUSSARD v. DAVILA

No. 13829.

352 S.W.2d 753 (1961)

Bobbie BROUSSARD, Appellant, v. Lawrence DAVILA et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied December 6, 1961.


Attorney(s) appearing for the Case

Keys, Russell, Keys & Watson, M. W. Meredith, Jr., Corpus Christi, for appellant.

Wade & Howard, Corpus Christi, for appellees.


POPE, Justice.

Bobbie Broussard, defendant below, has appealed by writ of error from a default judgment. Plaintiffs undertook to serve her by substitute service under Rule 106, Texas Rules of Civil Procedure. In our opinion, the judgment must be reversed, because (1) plaintiffs did not comply with the terms and conditions of the court's order which authorized substitute service, and (2) the sheriff's return is fatally defective...

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