Patrick v. Gibbs
Texas Supreme Court
Appeal from Kaufman. Tried below, before the Hon. John H. Reagan. Suit by appellant against appellee, on a decree of the Circuit Court for the Seventh District, in and for the State of Mississippi, in the county of Tishamingo. The defendant demurred, and pleaded general denial, and that there was no such record. The parties waived a jury, and submitted the case to the Court.
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Appeal from Kaufman. Tried below, before the Hon. John H. Reagan. Suit by appellant against appellee, on a decree of the Circuit Court for the Seventh District, in and for the State of Mississippi, in the county of Tishamingo. The defendant demurred, and pleaded general denial, and that there was no such record. The parties waived a jury, and submitted the case to the Court. The transcript of the proceedings and decree, when offered in evidence, was excluded ; what the ground of objection was, was not stated. The transcript contained a bill, subpoena for the respondent returned executed, and…
1Opinion of the CourtWheeler, J.
It does not appear by the bill of exceptions, upon what ground the record of the judgment recovered in Mississippi was excluded. But it is insisted for the appellee that it was rightly excluded, because, it is said, it does not show a final judgment, on which an action will lie.
It appears to be the decree of a Court exercising Chancery jurisdiction in the State of Mississippi. And it is held that a decree of a Court of Chancery is within the Constitution and Act of Congress, respecting the mode of authentication, and the effect of the records and judicial proceedings of the Courts of the…
2Cases cited1 opinion
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
3Cited by11 opinions
- De Zavala v. ScanlanTexas Commission of Appeals · 1933
- Creosoted Wood Block Paving Co. v. McKayCourt of Appeals of Texas · 1921
- Beene v. National Liquor Co.Court of Appeals of Texas · 1916
- Traders & General Ins. Co. v. PoolCourt of Appeals of Texas · 1937
- Keystone Pipe & Supply Co. v. Liberty Refining Co.Texas Commission of Appeals · 1924
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