Porcheler v. Bronson
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. II. Clay Pleasants. D. Porcheler sued appellee upon a judgment alleged to have been rendered in the Fifth District Court of the parish of Orleans and State of Louisiana, in favor of D. Porcheler and against E. E. Barrow, stating its amount, &e. He alleged that it had never been paid and remained in full force and effect, not reversed, satisfied, or otherwise vacated.
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Appeal from Victoria. Tried below before the Hon. II. Clay Pleasants. D. Porcheler sued appellee upon a judgment alleged to have been rendered in the Fifth District Court of the parish of Orleans and State of Louisiana, in favor of D. Porcheler and against E. E. Barrow, stating its amount, &e. He alleged that it had never been paid and remained in full force and effect, not reversed, satisfied, or otherwise vacated. He attached to his petition a copy of the judgment and alleged presentation thereof to Bronson, administrator, and its rejection, and prayed for judgment. Bronson, administrator,…
1Opinion of the Court
Moore, Chief Justice.
The legal effect of a judgment upon which suit is brought, whether it be a domestic or foreign judgment, is to be determined by the court, and not the jury. In the absence of an averment in the petition, of a law, custom, or procedure in the courts of the State where the judgment was rendered requiring a different construction to be given it, a foreign judgment must be interpreted and held to have the same legal effect as if it had been rendered by our own courts. (Bradshaw v. Mayfield, 18 Tex., 21.) If by the law or usage of the State from which the judgment comes it has…
2Cases cited1 opinion
- Bradshaw v. MayfieldTexas Supreme Court · 1856
3Cited by11 opinions
- Adam v. SaengerSupreme Court of the United States · 1938
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- Blethen v. BonnerTexas Supreme Court · 1899
- Ogg v. OggCourt of Appeals of Texas · 1914
- Gill v. EvermanTexas Supreme Court · 1900
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