Legal Opinion

Kansas City, M. & O. Ry. Co. of Texas v. Kirby

Court of Appeals of Texas

Decided June 22, 1912PublishedCited by 8 opinions

Appeal from District Court, Wilbarger County; P. A. Martin, Judge. Action by the Kansas City, Mexico & Orient Railway Company of Texas against R. H. Kirby and another. Prom a judgment for defendants, plaintiff appeals.

1Opinion of the CourtPresler, J.

This suit was brought in the district court of Wilbarger county, Tex., to enjoin the collection of a judgment rendered in the county court of said county on January 15, 1910, in favor of the appellee R, H. Kirby and against the Panhandle & Gulf Railway Company, of which company appellant is the legal successor, on the ground that said judgment was void; that the county court did not have jurisdiction to render the same; and that appellant had no notice of the rendition of said judgment, or of the pendency in said court of appellee’s claim for damages. The case was tried before the court on…

2Cases cited3 opinions

  1. City of El Paso v. CoffinCourt of Appeals of Texas · 1905
  2. Cunningham v. WheatlyTexas Supreme Court · 1858
  3. Howard v. McKenzieTexas Supreme Court · 1880

3Cited by8 opinions

  1. Brazos River Conservation & Reclamation District v. AllenTexas Supreme Court · 1943
  2. Lower Nueces River Water Supply District v. CartwrightTexas Supreme Court · 1959
  3. Thompson v. JanesCourt of Appeals of Texas · 1952
  4. Culligan Soft Water Service v. StateCourt of Appeals of Texas · 1964
  5. Johnson v. Climax Molybdenum Co.Supreme Court of Colorado · 1942

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