McMullen v. Guest
Texas Supreme Court
Error from Cass. The defendant in error sued the plaintiff in error, on the 8th day of November, 1847, to recover the sum of one thousand dollars, alleged to be due him for work and labor performed by him for the defendant at his request for the space of seven years, ending on the 1st day of July, 1847. The petition alleged that the plaintiff resided in the county of Cass, in this State, and that the defendant was a resident of the State of Louisiana.
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Error from Cass. The defendant in error sued the plaintiff in error, on the 8th day of November, 1847, to recover the sum of one thousand dollars, alleged to be due him for work and labor performed by him for the defendant at his request for the space of seven years, ending on the 1st day of July, 1847. The petition alleged that the plaintiff resided in the county of Cass, in this State, and that the defendant was a resident of the State of Louisiana. The plaintiff’s attorney made affidavit that the defendant is not an inhabitant of this State. Tire defendant, having been served with process…
1Opinion of the CourtWheeler, J.
It is insisted that the court erred, 1st, in not dismissing the case for the want of jurisdiction ; 2d, in excluding the testimony of the witness Wilson; and, 3d, in refusing a new trial.
*1401. The first objection to tlie judgment here taken cannot he maintained. The 11th section of the act of 1840, (Hart. Dig., p. 243,) in force when'this suit was brought, contemplates tlie bringing of a suit against a non-resident defendant in a case, like the present. And although that section’was subsequently repealed, the 13th section of the act of 1S48 (which contains tlie repealing clause) is a substantive…
2Cited by14 opinions
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- Bentinck v. FranklieTexas Supreme Court · 1873
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- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Mabee v. McDonaldTexas Supreme Court · 1915
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