Stegall v. Huff
Texas Supreme Court
Appeal from Angelina. Tried below before the Hon. W. D. Wood. Suit by appellee against the appellants, for a tract of 493-acres of land situated in Angelina county, which had been sold by the sheriff of that county on the 1th day of September, 1869, to H. L. Stegall, O. H. Ballard and E. L. Bobb, by virtue of an execution and venditioni exponas, issued on a judgment rendered by Arnold Branton, an acting justice of the peace, in favor of J. B. Stark, and against Huff, the…
Read the full summary
Appeal from Angelina. Tried below before the Hon. W. D. Wood. Suit by appellee against the appellants, for a tract of 493-acres of land situated in Angelina county, which had been sold by the sheriff of that county on the 1th day of September, 1869, to H. L. Stegall, O. H. Ballard and E. L. Bobb, by virtue of an execution and venditioni exponas, issued on a judgment rendered by Arnold Branton, an acting justice of the peace, in favor of J. B. Stark, and against Huff, the appellee, on the 29th day of May, 1869; service was by publication, based upon Stark’s affidavit for same. Jury waived, and…
1Opinion of the Court
Bonner, Associate Justice.
The affidavit for citation by publication in the justice court, in the case of Stark v. Huff, was based upon the ground that the residence of the defendant was unknown.
Under the law then in force, citation by publication was authorized in justice courts only upon affidavit that the defendant was absent from the state, or that he was a transient person. Pasch. Dig., art. 1190. Compare District Court Act, art. 25.
It is a well established general rule, that if it affirmatively appears from the record, either that the court, did not have jurisdiction of the…
2Cases cited6 opinions
- Hollingsworth v. BarbourSupreme Court of the United States · 1830
- Keys v. MasonTexas Supreme Court · 1875
- Wilson v. PalmerTexas Supreme Court · 1857
- Edrington v. AllsbrooksTexas Supreme Court · 1858
- Mitchell v. BurdettTexas Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ogden & Johnson v. BosseTexas Supreme Court · 1894
- Northcraft v. OliverTexas Supreme Court · 1889
- Dunn v. TaylorCourt of Appeals of Texas · 1906
- French v. GrenetTexas Supreme Court · 1881
- Spencer v. LevyCourt of Appeals of Texas · 1914
18 more not listed; retrieve them via the Exa API.