Blucher v. Milsted
Texas Supreme Court
Appeal from Cameron. The case was tried before Hon. Elisha Basse, one of the district judges. Upon the plea to the jurisdiction, the defendant proved a non est upon the original citation, which was directed to the sheriff of Cameron county, and service on the citation addressed to the sheriff of Nueces county. He also proved his homestead and domicil of his family in that county for twenty years.
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Appeal from Cameron. The case was tried before Hon. Elisha Basse, one of the district judges. Upon the plea to the jurisdiction, the defendant proved a non est upon the original citation, which was directed to the sheriff of Cameron county, and service on the citation addressed to the sheriff of Nueces county. He also proved his homestead and domicil of his family in that county for twenty years. The defendant proved that he had “ lived off and on in Cameron county since 1859; ” that during that period he had once heen elected as city and once as county surveyor; that he had been a soldier in…
1Opinion of the CourtMorrill, C. J.
—Suit upon a note dated at Brownsville, Texas, and executed by appellant to appellee, payable on demand.
The suit was instituted on the 25th of September, 1866, in the county of Cameron.
Defendant pleaded that at the institution of the suit his residence and domicil were in the county of Nueces, verifying his plea by his oath.
The statute applicable to the question (Art. 1423) provides that “No person who is an inhabitant of this state *623shall be sued out of the county where he has his domicil,” with eleven exceptions, none of which affect this case.
The plea in abatement was properly pleaded, and…
2Cited by6 opinions
- Snyder v. PittsTexas Supreme Court · 1951
- Houston Sash & Door Company, Inc. v. DavidsonCourt of Appeals of Texas · 1974
- Joy v. Marshall Field &. Co.Court of Appeals of Texas · 1932
- Houston Sash & Door Company, Inc. v. DavidsonCourt of Appeals of Texas · 1974
- Snidow v. GageCourt of Appeals of Texas · 1938
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