Jones v. Black
Texas Supreme Court
Writ of Error from Harris County. The defendant in error, Black, as the assignee of a promissory note for $600, given by the plaintiff to one Daniel T. Fitchitt for the purchase of a tract of land, sued the said plaintiff .thereon in the district court of Harris county, a county other than that of his residence.
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Writ of Error from Harris County. The defendant in error, Black, as the assignee of a promissory note for $600, given by the plaintiff to one Daniel T. Fitchitt for the purchase of a tract of land, sued the said plaintiff .thereon in the district court of Harris county, a county other than that of his residence. The petition alleged as a reason why the defendant was not sued in the county of his residence, that he was then the jndge of the second judicial district of the republic, in which said county was situated. The defendant filed a general exception to the legal sufficiency of the…
1Opinion of the CourtWheelek, J.
The defendant brings up this case by writ of error, and contends that the judgment of the district court ought to be reversed, because from the petition, it appears that he was sued in a county other than that of his residence (insisting that the statute which authorized the judges to be so sued was unconstitutional) and because of certain other alleged insufficiency and error in the petition and proceedings, which in the view of the case we have taken become wholly immaterial and need receive no further notice.
Had there been a judgment below upon the exceptions to the sufficiency in law of…
2Cases cited2 opinions
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Novion v. HallettNew York Supreme Court · 1819
3Cited by7 opinions
- Houston, E. & W. T. Ry. Co. v. WaltmanCourt of Appeals of Texas · 1910
- In Re JFCTexas Supreme Court · 2002
- Petty v. ClevelandTexas Supreme Court · 1847
- Western Union Telegraph Co. v. ForestCourt of Appeals of Texas · 1913
- Gillett v. HolliganCourt of Appeals of Texas · 1913
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