Snow v. Hawpe
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Hat. M. Burford. The record showed that W. A. Eerris, one of the appellees, in May, 1841, obtained a judgment upon an attachment against one James Taylor, for services in locating and surveying ' 1920 acres of land, in Dallas county, for said Taylor, upon a land certificate issued to one David A. Murdock.
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Appeal from Dallas. Tried below before the Hon. Hat. M. Burford. The record showed that W. A. Eerris, one of the appellees, in May, 1841, obtained a judgment upon an attachment against one James Taylor, for services in locating and surveying ' 1920 acres of land, in Dallas county, for said Taylor, upon a land certificate issued to one David A. Murdock. Service upon Taylor was by publication, and judgment before a justice of the peace of Hacogdoches county, in favor of Eerris, for $89 25. Taylor and Murdock died; and afterwards, in 1856, Eerris brought suit on the judgment, and an open account…
1Opinion of the Court
Wheeler, Ch. J.
The plaintiffs show, by their petition, that the judgment, which they seek to review and avoid, was obtained on service by publication, and on an ex parte hearing; and they aver that they had no notice, in fact, of the suit, and that they had a good defence to the action. This clearly entitled them to have the judgment set aside, and a new trial awarded in the former suit. (Hart. Dig. Art. 783; Mussina v. Moore, 13 Tex. Rep. 7; Kitchen v. Crawford, Id. 516.)
*172The plaintiff, Mrs. Snow, being a married woman, at the date of the proceedings and judgment, in the case sought to be…
2Cases cited1 opinion
- Mussina v. MooreTexas Supreme Court · 1854
3Cited by13 opinions
- Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
- Gray v. LawlorCalifornia Supreme Court · 1907
- Schleicher v. MarkwardTexas Supreme Court · 1884
- Miles v. DanaCourt of Appeals of Texas · 1896
- McCaulley v. Western Nat. BankCourt of Appeals of Texas · 1915
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