Baker v. Wofford
Texas Supreme Court
Appeal from "Walker. The appellant brought suit against the appellee, in the District Court of Walker county, to tiie Fall Term, 18-19. The petition, in its commencement, states that the defendant is “late of Polk county, but now a transient person, having no particular residence.” In the conclusion of the petition it is also slated that “ said Wofford is now a transient person, having no fixed residence, at this time, anywhere.”
Read the full summary
Appeal from "Walker. The appellant brought suit against the appellee, in the District Court of Walker county, to tiie Fall Term, 18-19. The petition, in its commencement, states that the defendant is “late of Polk county, but now a transient person, having no particular residence.” In the conclusion of the petition it is also slated that “ said Wofford is now a transient person, having no fixed residence, at this time, anywhere.” Tim defendant, having been served with process by the sheriff of Walker county, appeared and at" the same time excepted and pleaded in abatement to the jurisdiction…
1Opinion of the CourtWheeler, J.
The only question presented by the record is that raised by the first exception, as to the necessity of an averment in the petition of the presence of the defendant in the county at the time of the commencement of the suit.
The act to regulate proceedings in the District Courts (Acts of 1S4G, p. 363, sec. 1) provides that “ no person who is an inhabitant of this Shite shall be “sued out of the county where he has his domicile,” with certain exceptions, of which the second is, “in case the defendant is a transient person, in “which case he may be sued in whatever county he may be found.” The…
2Cited by10 opinions
- Norris v. VaughanTexas Supreme Court · 1953
- Dow v. Gould & Curry Silver Mining Co.California Supreme Court · 1867
- Manning v. BenhamCourt of Appeals of Texas · 1962
- Selover v. American Russian Commercial Co.California Supreme Court · 1857
- Allen v. FrankCourt of Appeals of Texas · 1923
5 more not listed; retrieve them via the Exa API.