Houston v. Dunn
Texas Supreme Court
Error from Walker. Action by defendant in error against plaintiff in error, on a transcript of a judgment of a Circuit Court at Nashville, in Tennessee, rendered at May Term, 1853. A transcript of the judgment was filed with the petition. It appeared from the transcript that the plaintiff brought his action in Tennessee, in September, 1852. The summons commanded the Sheriff to “ summon Samuel Houston if to be found in your county, to be and appear,” &c.
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Error from Walker. Action by defendant in error against plaintiff in error, on a transcript of a judgment of a Circuit Court at Nashville, in Tennessee, rendered at May Term, 1853. A transcript of the judgment was filed with the petition. It appeared from the transcript that the plaintiff brought his action in Tennessee, in September, 1852. The summons commanded the Sheriff to “ summon Samuel Houston if to be found in your county, to be and appear,” &c. Summons returned “ Came to hand and executed September 13th, 1852.” The plaintiff declared on a written obligation dated June 8th, 1839, for…
1Opinion of the CourtWheeler, J.
The process, by which service was made in Tennessee, required personal service; and the retara must be taken to be evidence of such service. But if the service was defective, it was cured by the appearance of the parties, by their attorneys; of which the judgment affords evidence.
*480If we were authorized to entertain an appeal directly from the judgment rendered in Tennessee, it might become necessary to revise the judgment in reference to the several objections urged to the regularity and legality of the proceedings. But in a suit upon it, the judgment is conclusive of those questions. Until…
2Cited by9 opinions
- Mitchim v. MitchimTexas Supreme Court · 1975
- Garman v. ReynoldsCourt of Appeals of Texas · 1955
- Hamilton v. NewburyCourt of Appeals of Texas · 1967
- Roberts v. RobertsCourt of Appeals of Texas · 1966
- Gard v. GardCourt of Appeals of Texas · 1951
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