Legal Opinion

Upham v. Boaz Well Service, Inc.

Court of Appeals of Texas

Decided April 20, 1962No. 16319PublishedCited by 8 opinions

1Opinion of the Court

MASSEY, Chief Justice.

By judgment entered as a default judgment in behalf of plaintiff Boaz Well Service, Inc., on February 4, 1961, there was a decree purporting to establish in personam liability for $9,690.50, plus $3,230.17, amounting to a total of $12,920.67, against Ida I. Upham, a widow, and against a trust estate created under the authority of the will of her deceased husband, Chester R. Upham.

We take occasion to state the foregoing in connection with our interpretation and construction of the judgment, as same is to be regarded as an in personam judgment, because of the language…

2Cases cited5 opinions

  1. Ball v. DavisTexas Supreme Court · 1929
  2. Oil Field Salvage Co. v. SimonTexas Supreme Court · 1943
  3. Hemphill v. GleasonCourt of Appeals of Texas · 1925
  4. Bitker v. Hotel Duluth Co.Court of Appeals for the Eighth Circuit · 1936
  5. McClellan v. HaleyTexas Commission of Appeals · 1923

3Cited by8 opinions

  1. Scucchi v. Woodruff Ex Rel. ScucchiCourt of Appeals of Texas · 1973
  2. Equilease Corp. v. D'AnnolfoMassachusetts Appeals Court · 1978
  3. Johnston v. JohnstonCourt of Appeals of Texas · 1978
  4. Mid-America Petroleum, Inc. v. Adkins Supply, Inc. (In Re Mid-America Petroleum, Inc.)United States Bankruptcy Court, N.D. Texas · 1988
  5. Holly Ridge Healthcare, P.A. and North Whiteville Urgent Care & Family Practice, P.A. v. United Biologics, LLC D/B/A United Allergy Services, Texas Court of Appeals, 4th District (San Antonio)2015

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