Paris v. Du Bose
Texas Supreme Court
Error from Hunt. Tried below before the Hon. William S. Todd. Suit by defendant in error against the plaintiff in error, on a promissory note for five hundred dollars. Judgment by default at first term in favor of the plaintiff.
Read the full summary
Error from Hunt. Tried below before the Hon. William S. Todd. Suit by defendant in error against the plaintiff in error, on a promissory note for five hundred dollars. Judgment by default at first term in favor of the plaintiff. There is no assignment of errors; but two attorneys file affidavits that, after the return to the court below of the citation to the defendant, they examined the return of the sheriff endorsed thereon, and found it to be defective in not stating a delivery to the defendant of the copies of the writ and petition; that, in consequence of this defect in the return, no…
1Opinion of the CourtWheeler, C. J.
There is no error in the judgment apparent upon the record. But we are asked to reject a part of the sheriff’s return of service of the citation, rendering the return insufficient, upon the ex parte affidavits of two attorneys first presented in this court. The verity of the record can not be thus impeached. We are aware of no precedent to warrant the supplying of an *7omission in the record, or the rejecting a part of it by such means. In the case of Harris v. Hopson, (5 Tex. R., 529,) the affidavits were received fer the purpose of preventing a fraud upon the jurisdiction of the court, and…
2Cited by9 opinions
- Boggess v. HarrisTexas Supreme Court · 1897
- Dennis v. KendrickCourt of Appeals of Texas · 1914
- Ragland v. ConeCourt of Appeals of Texas · 1938
- Hart v. MillsTexas Supreme Court · 1868
- Sumrall v. RussellCourt of Appeals of Texas · 1924
4 more not listed; retrieve them via the Exa API.