Masterson v. Ashcom
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. Wm. H. Burkhart. April 6, 1872, the estate of T. A. Smith, deceased, for use of appellant, Thomas G. Masterson, recovered in justice’s court, precinct Ho. 2, Brazoria county, judgment for §112.52, principal and interest, besides costs, against appellee, John G. Ashcom. The transcript from the justice’s court shows that citation issued for Ashcom March 13, 1872, and due return of service on him March 16, 1872, by the sheriff.
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Appeal from Brazoria. Tried below before the Hon. Wm. H. Burkhart. April 6, 1872, the estate of T. A. Smith, deceased, for use of appellant, Thomas G. Masterson, recovered in justice’s court, precinct Ho. 2, Brazoria county, judgment for §112.52, principal and interest, besides costs, against appellee, John G. Ashcom. The transcript from the justice’s court shows that citation issued for Ashcom March 13, 1872, and due return of service on him March 16, 1872, by the sheriff. The judgment in that court recites that the “cause came on to be heard; Shapard, attorney for plaintiff; Duff for…
1Opinion of the Court
Bonner, Associate Justice.
It is contended by appellee Ashcom, defendant in the. judgment before the *327justice’s court, that as he did not reside in precinct No. 2, that court had no jurisdiction over him, and that consequently the judgment complained of was null and void.
There is a marked distinction between the question of mere personal privilege to be sued within the precinct or county of residence, and which privilege may be expressly or impliedly waived, and that of jurisdiction proper, which cannot be conferred, even by express consent.
The justice’s court had jurisdiction over the subject…
2Cases cited17 opinions
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3Cited by16 opinions
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