Robinson v. Peyton
Texas Supreme Court
Appeal from Victoria. This suit wag, commenced in tlio District Court of Victoria county on (he 26th day of May. 184S, on a judgment of the, Circuit Court of Copiah comity, in the State of Mississippi, rendered on the 15th day of May, 1S45. The plaintiff afterwards amended ids petition by an averment that the defendant was not a resident citizen of Texas at the date of the judgment against him, and that lie emigrated to Texas sometime in November or December, 1845. Tlie…
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Appeal from Victoria. This suit wag, commenced in tlio District Court of Victoria county on (he 26th day of May. 184S, on a judgment of the, Circuit Court of Copiah comity, in the State of Mississippi, rendered on the 15th day of May, 1S45. The plaintiff afterwards amended ids petition by an averment that the defendant was not a resident citizen of Texas at the date of the judgment against him, and that lie emigrated to Texas sometime in November or December, 1845. Tlie defendant demurred to tlie plaintiff’s petition and pleaded the statute, of limitations. The court overruled the demurrer,…
1Opinion of the CourtLipscomb, J.
The refusal to give the charge prayed and the overruling the demurrer are the only points made by the appellant that it is thought material to be noticed, and these two may be considered together. If the act of the Congress of the Republic of Texas prescribing a limitation to bringing suits on foreign judgments, passed on the 25th June. 1845, is operative and valid as the law at this time on subjects that arose under it, there is no question but the court below erred both in’overruling the defendant’s demurrer and in refusing to give tlu> charges asked by defendant’s counsel.
The 4th section…
2Cited by3 opinions
- Clifton v. CharlesCourt of Appeals of Texas · 1909
- Johns v. HardinTexas Supreme Court · 1891
- Swindall v. Van School Dist. No. 53Court of Appeals of Texas · 1931