Winans v. State , 25 Tex. 175 ( 1860 )

Roberts, J.

—The return of the sheriff upon the writ of scire facias as to the two Winans is defective, in reciting that it was “served” on them. (Graves v. Robertson, 22 Tex., 130; Underhill v. Lockett, 20 Tex., 130.) The judgment being by default, must be

Reversed and the cause remanded.