O'Neill v. Brown
Texas Supreme Court
Error from Grayson. Tried below before the Hon. Joseph Bledsoe. On January 20, 1879, John Brown (the intestate of defendant in error, Ellen Brown) brought suit in the district court of Grayson county against O’Neill, plaintiff in error, and cited him. by publication. He alleged that he and O’Neill were partners; that the latter was indebted to him in various sums of money, on account of the partnership business.
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Error from Grayson. Tried below before the Hon. Joseph Bledsoe. On January 20, 1879, John Brown (the intestate of defendant in error, Ellen Brown) brought suit in the district court of Grayson county against O’Neill, plaintiff in error, and cited him. by publication. He alleged that he and O’Neill were partners; that the latter was indebted to him in various sums of money, on account of the partnership business. On November 13, 1879, he recovered a judgment against O’Neill for $480.46. On September 1, 1880, plaintiff in error filed his petition in said court, properly verified, and prayed…
1Opinion of the Court
Delany, J. Com. App.—
The different assignments of error present a series of reasons why the court erred in overruling the motion for a new trial. The first position assumed is, that the court should have granted a new trial because the judgment in the case of Brown v. O’Neill was void —the court which rendered it having never acquired jurisdiction over the person of O’Neill. lie was cited by publication and there was no attachment against his property.
Upon this part of the case appellant presents the following proposition: “No valid personal judgment can be rendered against a defendant, in an…
2Cases cited5 opinions
- Taylor, Knapp & Co. v. ForeTexas Supreme Court · 1874
- Edrington v. AllsbrooksTexas Supreme Court · 1858
- Runnels v. BeldenTexas Supreme Court · 1879
- Lawler's Heirs v. WhiteTexas Supreme Court · 1863
- Wilson v. ZeiglerTexas Supreme Court · 1876
3Cited by22 opinions
- Wolf v. SahmCourt of Appeals of Texas · 1909
- Mabee v. McDonaldTexas Supreme Court · 1915
- Shaller v. AllenCourt of Appeals of Texas · 1925
- Phillips v. Interstate Land Co.Supreme Court of North Carolina · 1917
- Lewis v. FosterTexas Supreme Court · 1981
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