Chambers v. Hodges
Texas Supreme Court
Error from Liberty. Tried below, before the Hon. O. W. Buckley. This suit was instituted on the 29th of January, 1851, by the appellant, against Henry Hodges, the appellees’ intestate, to enjoin and vacate a judgment, obtained by the said Henry Hodges against the said Chambers, on the 15th November, 1842, for $300, and costs of suit.
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Error from Liberty. Tried below, before the Hon. O. W. Buckley. This suit was instituted on the 29th of January, 1851, by the appellant, against Henry Hodges, the appellees’ intestate, to enjoin and vacate a judgment, obtained by the said Henry Hodges against the said Chambers, on the 15th November, 1842, for $300, and costs of suit. The original case was carried to the Supreme Court, by writ of error, prosecuted by Chambers, about the 3d of May, 1843. In the Supreme Court, on the 10th of July, 1844, on motion of the plaintiff in error for a certiorari, the clerk of the court below was…
1Opinion of the CourtWheeler, C. J.
Several grounds are relied on as entitling the plaintiff to the relief sought. Those which are deemed to require notice are: 1st, That • the judge presiding when the judgment was rendered, was incompetent to sit in the cause. 2d, That the person who appeared and confessed the judgment, as attorney for the defendant, acted without authority. 3d, That the record before the Supreme Court when the judgment was there affirmed, was imperfect.
In reference to the last two grounds, it will suffice to observe, that they are not supported by the exhibits referred to by the plaintiff. The letter to the…
2Cases cited7 opinions
- Chambers v. HodgesTexas Supreme Court · 1848
- Horan v. WahrenbergerTexas Supreme Court · 1852
- Low v. RiceNew York Supreme Court · 1811
- Merritt v. ClowTexas Supreme Court · 1847
- Wynns & Lawrence v. UnderwoodTexas Supreme Court · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Lindsay-Strathmore Irrigation Dist. v. Superior Court of Tulare Cty.California Supreme Court · 1920
- Taylor v. WilliamsTexas Supreme Court · 1863
- City of Dallas v. PeacockTexas Supreme Court · 1895
58 more not listed; retrieve them via the Exa API.