Butterworth v. Kinsey
Texas Supreme Court
Error from San Augustine. Suit by the defendant in error, administrator of William W. Watts, against tho plaintiff in error, commenced 22d July, 1852, to recover for services rendered the defendant, by the plaintiff’s intestate, in the collection of a promissory note. The plaintiff resided in the county of San Augustine, and the defendant in the State of New York. An attachment and garnishment were obtained, but were after-wards quashed. Service by publication.
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Error from San Augustine. Suit by the defendant in error, administrator of William W. Watts, against tho plaintiff in error, commenced 22d July, 1852, to recover for services rendered the defendant, by the plaintiff’s intestate, in the collection of a promissory note. The plaintiff resided in the county of San Augustine, and the defendant in the State of New York. An attachment and garnishment were obtained, but were after-wards quashed. Service by publication. The facts were that the defendant, on the 10th of July, 1844, being then a resident of Mississippi, put into the hands of the…
1Opinion of the CourtWheeler, J.
It is objected to the judgment, that the Court had not jurisdiction of the case, because it appears that the defendant is a non-resident, and there is no averment that he has property or effects within the jurisdiction of the Court; and we are referred to our Opinion in the case of Tulane v. McKee, (10 Tex. R. 335.) That Opinion, however, does not maintain the doctrine that, where the plaintiff is a resident of the State, it is necessary to aver that the defendant has property within it, though he be a non-resident. The contrary opinion was held in the case of McMullen v. Guest, (6 Tex. R.…
2Cited by12 opinions
- Aaron v. AaronCourt of Appeals of Texas · 1943
- Tyner v. City of Port ArthurTexas Supreme Court · 1926
- John Maynard Lumber Co. v. BrazellCourt of Appeals of Texas · 1930
- Mickie v. McGeheeTexas Supreme Court · 1863
- Collins Construction Co. of Texas v. TaylorCourt of Appeals of Texas · 1963
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