Legal Opinion

Mikeska v. Blum

Texas Supreme Court

Decided January 13, 1885No. Case No. 1904PublishedCited by 18 opinions

Error from Washington. Tried below before the Hon. I. B. McFarland. Mikeska entered into a written contract with L. & H. Blum, which, among other things, provided as follows: “That any indebtedness from me (Mikeska) to L. & H. Blum then existing, or thereafter to be made, shall be actually due and payable from and after the date of the transaction on which it is based; . . . that any practicing attorney designated by L. & H. Blum may appear in open court at anjr term of any…

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Error from Washington. Tried below before the Hon. I. B. McFarland. Mikeska entered into a written contract with L. & H. Blum, which, among other things, provided as follows: “That any indebtedness from me (Mikeska) to L. & H. Blum then existing, or thereafter to be made, shall be actually due and payable from and after the date of the transaction on which it is based; . . . that any practicing attorney designated by L. & H. Blum may appear in open court at anjr term of any court that L. & H. Blum may select, having jurisdiction of the amount sued on, during the term of said court, waive…

1Opinion of the Court

Willie, Chibe Justice.

The appellant claims that the judgment rendered against him in Bexar county, in favor of Leon & H. Blum, was absolutely void, and liable to collateral attack; and that, in attempting to enforce it by a levy upon the property of appellant, the plaintiffs were guilty of a trespass.

Upon this latter ground he claims that the county of Washington had jurisdiction of the cause, the levy having been made in that county.

It is contended that the judgment is void, because no citation was issued in the suit wherein it was obtained; because Mikeska had no notice of the pendency of…

2Cases cited1 opinion

  1. Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880

3Cited by18 opinions

  1. Ranger Insurance Co. v. RogersCourt of Appeals of Texas · 1975
  2. Glenn v. Dallas County Bois D'Arc Island Levee DistrictTexas Supreme Court · 1925
  3. Douglas v. StateCourt of Criminal Appeals of Texas · 1910
  4. Williams v. HaynesTexas Supreme Court · 1890
  5. Van Norman v. GordonMassachusetts Supreme Judicial Court · 1899

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