MACKIE CONST. CO. v. CARPET SERVICES, INC.

No. 11-82-216-CV.

645 S.W.2d 594 (1982)

MACKIE CONSTRUCTION COMPANY, Appellant, v. CARPET SERVICES, INC., Appellee.

Court of Appeals of Texas, Eastland.

December 30, 1982.


Attorney(s) appearing for the Case

Robert H. Renneker, Weil, Brutsche & Clements, Dallas, for appellant.

Peter G. Smith, Saner, Jack, Sallinger & Nichols, Dallas, for appellee.


McCLOUD, Chief Justice.

This is an appeal from a default judgment. The issue is whether or not the affidavit of J.C. Eison, a deputy sheriff, complies with the requirements of Tex.R. Civ.P. 106(b) regarding substituted service.

The trial court awarded plaintiff, Carpet Services, Inc., a default judgment for $35,009.70, plus interest and attorney's fees, against Mackie Construction Company. Service was perfected on defendant, a Texas Corporation, on June 30...

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