York v. Texas
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. On the 14th day of November, 1888, a personal judgment was rendered in the District Court of Travis County, Texas, against the plaintiff in error, which judgment was subsequently affirmed by the. Supreme Court of the State. Error is now alleged in this, that the District Court had no jurisdiction of the person of the defendant.
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ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. On the 14th day of November, 1888, a personal judgment was rendered in the District Court of Travis County, Texas, against the plaintiff in error, which judgment was subsequently affirmed by the. Supreme Court of the State. Error is now alleged in this, that the District Court had no jurisdiction of the person of the defendant. The record discloses that on October 20, 1885, the defendant leased.from the State certain school lands, at a stipulated rental. The lease provided that in all suits thereunder the venue should be laid in Travis County,…
1Opinion of the CourtJustice Brewer
I was conceded by the District and the Supreme Courts that the service upon the defendant in St. Louis was a nullity, and gave the District Court no jurisdiction; but it was held that, under the peculiar statutes of the State of Texas, the appearance for the purpose of pleading to the jurisdiction was a voluntary appearance, which brought the defendant, into court. Plaintiff in error questions this construction of the Texas statutes; but, inasmuch as the Supreme Court, the highest court of the State, has so construed, them, such construction must be accepted here as correct, and the only…
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