
    GRAMMER et al. v. STATE.
    (No. 6197.)
    (Court of Criminal Appeals of Texas.
    April 20, 1921.)
    Judgment &wkey;>!7( 10) — Sheriff’s return on citation held insufficient to support default judgment against sureties on forfeited bail bond. Sheriff’s return upon citation to sureties on forfeited bail bond reading, “Came to hand on 23d day of January, 1920, and executed on the 2d day of February, 1912, by delivering to the within names,” and stating names of sureties, held insufficient to support a judgment by default against the sureties.
    Appeal from Criminal District Court, Tar-rant County; Geo. E. Hosey, Judge.
    Action by the State of Texas against Lester Grammer and others upon a forfeited bail bond. Judgment for the State, and defendants appeal.
    Reversed and remanded.
    Baskin, Eastus & Greines, of Port Worth, for appellants.
    R. H. Hamilton, Asst. Atty. Gen., for the State.
   HAWKINS, J.

This is an appeal from a judgment final on a forfeited bail bond; the appeal appearing from the record as being prosecuted by an attorney who styles himself amicus curiae. This might raise an interesting question if the court -had time to go into an investigation of it, but the service on the sureties is so defective in this case that it wiil not support the final judgment by default taken thereon, and, if an attempt should be made to collect the judgment against any of the sureties, an injunction against the levy of an execution could be obtained. The sheriff’s return is as follows: “Came to hand on 23d day of January, 1920, and executed on the 2d day of February, 1912, by delivering to the within names.” Then follow the names of all the sureties, and the return is signed by the sheriff. It is not necessary to quote authorities for the purpose of showing that this character of return is-insufficient to support a judgment by default, and it will be necessary to reverse the judgment of the trial court and remand this cause for a new trial in order that such matter may be corrected if the state so desires.  