
    R. L. James v. E. L. Proper.
    (No. 1134. Op. Book No. 3, p. 439.)
    Error from Dallas County.
   Opinion by

Winkler, J.

§83. Judgment by default; defective citation. Citation served on defendant November 14, 1818, commanding him to answer the suit on the first Tuesday after the first Monday in January, 1878, a date prior to the service of the citation. Judgment by default January 9, 1879. Held, that the judgment by default was erroneous. [Covingtons v. Burleson, 28 Tex. 368.]

December 11, 1880.

Reversed and remanded.  