Texas Supreme Court January 10, 1880 (Moseby v. Burrow)

Bonner, Associate Justice.

The first error assigned is, that the citation by publication was not served by an officer authorized by law to make such service.

If the citation had been improperly served by a constable, it is sufficient, as to plaintiff in error Moseby, to say that he appeared and answered.

By statute of 1850, (Paschal’s Dig., art.