Odle v. Frost, Barry & Lee
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. L. D. Bradley. On November 16, 1876, a judgment was recovered in Maury county, Tennessee, by McAlister & Wheeless against A. B. Odle, for $200.09. Afterwards Odle moved to Texas and settled in Navarro county.
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Appeal from Navarro. Tried below before the Hon. L. D. Bradley. On November 16, 1876, a judgment was recovered in Maury county, Tennessee, by McAlister & Wheeless against A. B. Odle, for $200.09. Afterwards Odle moved to Texas and settled in Navarro county. The Tennessee judgment not having been paid, suit was instituted on it in a justice's court of Navarro county, and on the 29th day of August, 1881, judgment was rendered in favor of McAlister & Wheeless against Odle for $270. On the Tennessee judgment was indorsed the following credit: “Credited by $1.09, November 16, 1876,” — November 16,…
1Opinion of the Court
Willie, Chief Justice.—
This suit is a collateral attack upon a judgment rendered by a justice of the peace. The principal allegations of the plaintiff’s petition are to the effect that the judgment was rendered upon insufficient evidence, and without jurisdiction of the subject matter of the suit, or of the person of the defendant in the judgment.
It is too clear for argument that the ■ evidence upon which the ■court proceeded to render the judgment could not be inquired into in this action. It was of no importance as to the jurisdiction of' the justice, when collaterally assailed, whether he…
2Cases cited7 opinions
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