Witt v. Kaufman & Kleaver
Texas Supreme Court
Error from Dallas.—The case was tried before Hon. Hat. M. Burford, one of the district judges. Witt prayed for and obtained an injunction to restrain the plaintiffs in certain executions and the justice who rendered it and the sheriff from proceeding, on the alleged ground that the justice who rendered the judgments had no jurisdiction over the complainant; because, 1, at the time the judgment was rendered, he, Witt, was, and long had been, a resident of Parker county, in…
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Error from Dallas.—The case was tried before Hon. Hat. M. Burford, one of the district judges. Witt prayed for and obtained an injunction to restrain the plaintiffs in certain executions and the justice who rendered it and the sheriff from proceeding, on the alleged ground that the justice who rendered the judgments had no jurisdiction over the complainant; because, 1, at the time the judgment was rendered, he, Witt, was, and long had been, a resident of Parker county, in the State of Texas; 2, that the judgments were rendered without legal notice; “the only notice he ever had received being…
1Opinion of the Court
Wheeler, 0. J.
—There was no legal service upon the defendant to appear and answer to the suit "before the justice. A citation, directed to an officer of Dallas county to execute,-was no authority to the sheriff of Parker county to execute the process. Service of the 'process by him was, in contemplation of law, no service. The court, therefore, had not jurisdiction of the person of the defendant, and the judgment was consequently void. The defendant, therefore, was entitled to have it so declared, and the proceedings under it enjoined. But the court having obtained cognizance of the case for…
2Cases cited2 opinions
- Edrington v. AllsbrooksTexas Supreme Court · 1858
- Willis v. GordonTexas Supreme Court · 1858
3Cited by11 opinions
- Taylor v. GoodrichCourt of Appeals of Texas · 1897
- Turner v. EphraimCourt of Appeals of Texas · 1930
- Bath v. Houston & Texas Central Railway Co.Court of Appeals of Texas · 1904
- Barnhart v. ClarkTexas Supreme Court · 1883
- Wellington v. BeckSupreme Court of Colorado · 1901
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