Schleicher v. Markward
Texas Supreme Court
Appeal from. De Witte. Tried below before the Hon. H. Clay Pleasants. On the 29th of March, 1878, in the district court, of Lampasas county, R. S. Willis, for use of P. J. Willis & Co., recovered a moneyed judgment, as stated in appellant’s brief, against appellee Mark-ward, a resident of Lampasas county, and Gustave Schleicher, a resident of De Witt county.
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Appeal from. De Witte. Tried below before the Hon. H. Clay Pleasants. On the 29th of March, 1878, in the district court, of Lampasas county, R. S. Willis, for use of P. J. Willis & Co., recovered a moneyed judgment, as stated in appellant’s brief, against appellee Mark-ward, a resident of Lampasas county, and Gustave Schleicher, a resident of De Witt county. That judgment recited that the party Schleicher “ had been duly served by publication to appear and answer in ” the cause, and also that defendant Markward was legally before the court. This judgment ivas assigned and transferred by…
1Opinion of the Court
Willie, Chief Justice.-—
It has been heretofore held by this court, that, in an action upon a domestic judgment, it is not necessary to plead or prove any of the proceedings in the cause previous to the rendition of the judgment. If the sufficiency of these pleadings can be called in question at all, it must be by pleading and evidence on the part of the defendant. Bullock v. Ballew, 9 Tex., 500; Mc-Faddin v. Lockhart, 7 Tex., 573.
It was doubtless error in the court below to admit in evidence a certified copy of a portion of an instrument without requiring the whole of it to be offered. This…
2Cases cited7 opinions
- Gregory v. FordCalifornia Supreme Court · 1859
- Kitchen v. CrawfordTexas Supreme Court · 1855
- Stokes v. KnarrWisconsin Supreme Court · 1860
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- Crawford v. WhiteSupreme Court of Iowa · 1864
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- Miller v. First State Bank & Trust Co. of Santa AnnaCourt of Appeals of Texas · 1915
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