Toliver v. Hubbell
Texas Supreme Court
Appeal from Colorado. The appellee recovered a judgment in tlie District Court of Galveston county in May, 1843, against Hughes and Peters. Peters died and administration was taken out on his estate in Colorado county.
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Appeal from Colorado. The appellee recovered a judgment in tlie District Court of Galveston county in May, 1843, against Hughes and Peters. Peters died and administration was taken out on his estate in Colorado county. The transcript of the judgment obtained in the District Court of Galveston was i)led in the Probate Court of Colorado county, and an order was made by the jridge o.f the Probate Court on the 24th of November, 1845, that tlie judgment should ]>e allowed against the estate of Peters, and that the administrators should pay the same in due order of administration; “to which tlie…
1Opinion of the CourtLipscomb, J.
The assignment .presents the single question, Can the judgment of the Probate Court be set aside and held to be invalid on a collateral inquiry into its sufficiency? The negative of this proposition was laid down by this Court in Sutherland v. De Leon, (1 Tex. R.,) and in Lynch and another v. Baxter and wife, (4 Tex. R., 431,) and Neill v. Hodge, (5 Tex. R., 487,) so that the doctrine is now finally settled that such judgment is binding until it has been reversed or set aside by a proceeding having that object directly in view. The judgment is affirmed.
Judgment affirmed.
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