Harper v. Nichol
Texas Supreme Court
Error from Washington. Action brought by the defendant in error against plaintiff in error, upon a foreign judgment rendered in November, 1852. Defendant objected to the reading in evidence of the transcript of the'judgment offered by the plaintiff, First, on the ground that it was not properly authenticated by the Clerk and Judge of the Court wherein the judgment was rendered; Second, “ because the record showed “ that the judgment sued on was rendered by a Court not…
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Error from Washington. Action brought by the defendant in error against plaintiff in error, upon a foreign judgment rendered in November, 1852. Defendant objected to the reading in evidence of the transcript of the'judgment offered by the plaintiff, First, on the ground that it was not properly authenticated by the Clerk and Judge of the Court wherein the judgment was rendered; Second, “ because the record showed “ that the judgment sued on was rendered by a Court not hav“ing jurisdiction of the parties and subject matter of contro- “ versy; the said record showing that the suit was…
1Opinion of the Court
Hemphill, Ch. J.
The first ground assigned for error is the refusal of the Court to dismiss the petition.
The grounds of the motion to dismiss are that there was no authenticated copy of the judgment sued upon filed with the petition, nor were the costs likely to accrue, together with a tax fee of twenty-five dollars cash for the use of the State, paid to the Clerk of the District Court at the commencement of the suit.
The motion was based upon the first and second section of the Act of June 25th, 1845, prescribing the mode of authenticating foreign judgments and limiting suits thereon ; (Arts.…
2Cases cited1 opinion
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
3Cited by3 opinions
- Paschall v. GeibCourt of Appeals of Texas · 1966
- Randall v. BurtisTexas Supreme Court · 1882
- Andrews v. Hedrick Sav. Bank of Hedrick, IowaCourt of Appeals of Texas · 1937