McDonald v. Mabee
Court of Appeals of Texas
Appeal from Lamar County Court; Leslie D. Hardison, Judge.- Action by Henry D. McDonald against P. A. Mabee. Prom a judgment in favor of defendant, plaintiff appeals. Appellant, by his petition filed on the 5th of June, 1909, sought a recovery against ap-pellee on a promissory note alleged to have been executed by appellee and one D. P. Hol-lon on March 6, 1891, for the sum of $300, with interest and attorney’s fees, if collected by law.
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Appeal from Lamar County Court; Leslie D. Hardison, Judge.- Action by Henry D. McDonald against P. A. Mabee. Prom a judgment in favor of defendant, plaintiff appeals. Appellant, by his petition filed on the 5th of June, 1909, sought a recovery against ap-pellee on a promissory note alleged to have been executed by appellee and one D. P. Hol-lon on March 6, 1891, for the sum of $300, with interest and attorney’s fees, if collected by law. Hollon was alleged to be wholly insolvent, and was not made a party to the suit. Appellant sued out an attachment and had the same levied on certain real…
1Opinion of the CourtLevy, J.
(after stating the facts as above). Under proper assignment the appellant challenges the ruling of the court, and contends that the judgment in issue, as far as it operated in personam, was under the facts void for the want of jurisdiction in the court to render such character of judgment. The question presented is to be considered under the conclusive facts that the defendant in the said judgment, though a citizen iof Texas and claiming Texas as his residence, was at the time of the suit and publication of the citation and rendition of judgment absent from the state of Texas and in St.…
2Cases cited16 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Galpin v. PageSupreme Court of the United States · 1874
- Ableman v. BoothSupreme Court of the United States · 1859
- Freeman v. AldersonSupreme Court of the United States · 1886
- De la Montanya v. De la MontanyaCalifornia Supreme Court · 1896
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3Cited by2 opinions
- Mabee v. McDonaldTexas Supreme Court · 1915
- Sharpe v. National Bank of CommerceCourt of Appeals of Texas · 1925