Williams v. Haynes
Texas Supreme Court
Appeal from Lamar. Tried below before Hon. H. 0. Head. This suit was brought by the appellant, Mrs. Annie Williams, a widow, against appellee, in form of trespass to try title, and for damages. Plea of not guilty filed by defendant. The judgment was for defendant, and plaintiff appealed. The court filed conclusions of law and fact. There is no statement of facts.
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Appeal from Lamar. Tried below before Hon. H. 0. Head. This suit was brought by the appellant, Mrs. Annie Williams, a widow, against appellee, in form of trespass to try title, and for damages. Plea of not guilty filed by defendant. The judgment was for defendant, and plaintiff appealed. The court filed conclusions of law and fact. There is no statement of facts. The court's findings are as follows: “1. I find that on the 2d day of May, 1882" (the day of the alleged trespass), “the plaintiff Annie Williams was the owner in fee simple of the land in controvesy. “ 2. I find that on February 21,…
1Opinion of the Court
COLLARD, Judge.
—The law as it has been announced in numerous decisions in this State is against the claim set up by appellant.
It is settled that a judgment of a court of competent jurisdiction can not be collaterally impeached unless the record affirmatively shows the want of jurisdiction. Even where a part of the record—the citation and its return—shows that service could not have been had, the judgment of a justice of the peace reciting that the defendant wholly made default and that he “was duly served with process” was held not impeached. The judgment being the final act of the court, its…
2Cases cited8 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Treadway v. EastburnTexas Supreme Court · 1881
- Fleming v. SeeligsonTexas Supreme Court · 1881
- Davis v. RobinsonTexas Supreme Court · 1888
- Odle v. Frost, Barry & LeeTexas Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Glenn v. Dallas County Bois D'Arc Island Levee DistrictTexas Supreme Court · 1925
- Dunn v. TaylorCourt of Appeals of Texas · 1906
- Hannon v. HensonTexas Commission of Appeals · 1929
- Douglas v. StateCourt of Criminal Appeals of Texas · 1910
- Robinson v. AllisonSupreme Court of Alabama · 1892
28 more not listed; retrieve them via the Exa API.