Kitchen v. Crawford
Texas Supreme Court
Appeal from Harris. Action by the appellee against the appellant. Affidavit by plaintiff" that defendant “ is not an 56 inhabitant or resident of the State of Texas, to the best of u his knowledge and belief.” Service by publication. Judgment by default. Execution to Milam county.
Read the full summary
Appeal from Harris. Action by the appellee against the appellant. Affidavit by plaintiff" that defendant “ is not an 56 inhabitant or resident of the State of Texas, to the best of u his knowledge and belief.” Service by publication. Judgment by default. Execution to Milam county. Petition by defendant to the Judge of the third Judicial District for an injunction to the Sheriff of Milam county, and for citation to the plaintiff to show cause at next Term of Harris District Court, why the judgment should not be annulled, for causes alleged in the petition. Order for injunction accordingly,…
1Opinion of the CourtWheeler, J.
In the late case of Mussina v. Moore, Supra, it was held that the 129th Sec. of the Act to regulate proceedings in the District Court, which authorizes a “petition of review ” for the reversal of judgments rendered in cases where service has been by publication only and on an ex parte hearing, (Hart. Dig. Art. 783,) does not contemplate a bill of review strictly and technically, as known to Courts of Chancery, but was intended to afford a more ample remedy, and to give the defendant, who, from want of actual notice of the suit, had been deprived of the opportunity of being heard to contest…
2Cases cited1 opinion
- Jermain v. LangdonNew York Court of Chancery · 1839
3Cited by29 opinions
- Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
- Smith v. FerrellTexas Commission of Appeals · 1932
- Isbell v. Kenyon-Warner Dredging Co.Texas Supreme Court · 1924
- Dunlap v. WrightCourt of Appeals of Texas · 1925
- Sgitcovich v. SgitcovichTexas Supreme Court · 1951
24 more not listed; retrieve them via the Exa API.