Engel v. Brown

Court of Appeals of Texas

Engel v. Brown

1 White & W. 455

CourtCourt of Appeals of Texas

DecidedJanuary 28, 1882

DocketNo. 1206, Op. Book No. 2, p. 486

StatusPublished

This text of 1 White & W. 455 (Engel v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Engel v. Brown, 1 White & W. 455 (Tex. Ct. App. 1882).

Pincite

Opinion

Opinion by

Hurt, J.

§ 803. Plea that party is sued out of his precinct must he made in justice’s court before an answer to the merits. Appellant sued appellee in justice’s court. Appellee answered to the merits in that court, and upon a trial appellant recovered a judgment. Appellee appealed to the county court, and in that court, for the first time, pleaded that he had been sued out of the precinct in which he resided, and upon this ground moved to dismiss the suit, which motion was sustained. Held, this was error. This plea must be always interposed in the justice’s court before an answer to the merits, and cannot be made for the first time in the county court. The answer to the merits gave the comt jurisdiction of the person.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Hurt, J.

§ 803. Plea that party is sued out of his precinct must he made in justice’s court before an answer to the merits. Appellant sued appellee in justice’s court. Appellee answered to the merits in that court, and upon a trial appellant recovered a judgment. Appellee appealed to the county court, and in that court, for the first time, pleaded that he had been sued out of the precinct in which he resided, and upon this ground moved to dismiss the suit, which motion was sustained. Held, this was error. This plea must be always interposed in the justice’s court before an answer to the merits, and cannot be made for the first time in the county court. The answer to the merits gave the comt jurisdiction of the person.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

1 White & W. 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engel-v-brown-texapp-1882.