Legal Opinion

Davis v. Robinson

Texas Supreme Court

Decided March 27, 1888No. 2386PublishedCited by 23 opinions

Appeal from Johnson. Tried below before the Hon. J. M. Hall. This suit was brought by appellees to remove cloud from title and to recover one hundred and .eleven acres of land alleged to have been sold under judgments rendered in a justice court, in favor of T. 0. Donnell and against S. J. Robinson and one Blackburn and her husband.

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Appeal from Johnson. Tried below before the Hon. J. M. Hall. This suit was brought by appellees to remove cloud from title and to recover one hundred and .eleven acres of land alleged to have been sold under judgments rendered in a justice court, in favor of T. 0. Donnell and against S. J. Robinson and one Blackburn and her husband. It was alleged that the defendants in the suits, under which the sales were made, were non residents of the State when the suits were brought and judgments rendered, and had no notice of the institution of the suits; that the justice acquired no jurisdiction, and…

1Opinion of the Court

Collard, Judge.

The justice court act provides that: “All rules governing the issuance and service and return of citations issued out of the district and county courts, and providing for acceptance of service and entering appearance shall, except where otherwise provided by law, govern also the justice courts in so far as they can be applied to the proceedings of said court.” (Rev. Stats., art. 1572.) The authority for service . by publication of proceedings from justice courts is recognized in article 1577, fixing the appearance day in such cases on the first day of the second term after such…

2Cases cited1 opinion

  1. Treadway v. EastburnTexas Supreme Court · 1881

3Cited by23 opinions

  1. Douglas v. StateCourt of Criminal Appeals of Texas · 1910
  2. Williams v. HaynesTexas Supreme Court · 1890
  3. Amy v. AmyUtah Supreme Court · 1895
  4. Young v. DowneySupreme Court of Missouri · 1899
  5. Creosoted Wood Block Paving Co. v. McKayCourt of Appeals of Texas · 1921

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