Chunn v. Gray
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. L. W. Moore. April 27, 1877, C. W. Gray brought suit in the District Court of Fayette county against W. S. Chunn, on a judgment alleged to have been rendered in the Circuit Court of St. Louis county, Missouri, on June 10, 1867, in a suit between the pa'rties. A duly certified copy of the judgment and of the proceedings in the suit was filed with the petition as an exhibit.
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Appeal from Fayette. Tried below before the Hon. L. W. Moore. April 27, 1877, C. W. Gray brought suit in the District Court of Fayette county against W. S. Chunn, on a judgment alleged to have been rendered in the Circuit Court of St. Louis county, Missouri, on June 10, 1867, in a suit between the pa'rties. A duly certified copy of the judgment and of the proceedings in the suit was filed with the petition as an exhibit. May, 1877, the defendant answered, after a general demurrer and general denial, by amendment, that the judgment sued on was a nullity, because he had never been personally…
1Opinion of the Court
Bonner, Associate Justice.
The only question presented by the record in this case, is this: When a judgment of a sister State, rendered by default, which contains the recital that the defendant had been duly cited by personal service, is sued upon in this State, can the defendant contradict the record by denying that he had in fact been thus cited ?
The proper construction of section 1 of article 4 of the Constitution of the United States, that “full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State,” and of the act of…
2Cases cited3 opinions
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- Norwood v. CobbTexas Supreme Court · 1855
3Cited by8 opinions
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- Reed v. StateCourt of Criminal Appeals of Texas · 1944
- Moorhead v. Transportation Bank of ChicagoCourt of Appeals of Texas · 1933
- Beard v. ClarkCourt of Appeals of Texas · 1935
- Roath v. Uniroyal, Inc.Court of Appeals of Texas · 1979
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