Farris v. Seisfield

Court of Appeals of Texas

Farris v. Seisfield

1 White & W. 149

CourtCourt of Appeals of Texas

DecidedApril 30, 1879

DocketNo. 1164, Op. Book No. 1, p. 752

StatusPublished

This text of 1 White & W. 149 (Farris v. Seisfield) 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

Farris v. Seisfield, 1 White & W. 149 (Tex. Ct. App. 1879).

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Opinion

Opinion by

Winkler, J.

§ 350. Partnership, judgment against. The judgment of the district court having been rendered upon proper service had upon Bryant, one of the members of the partnership of Parris & Bryant, was sufficient to bind the partnership and the property of the individual member so served. [Pas. Dig. art. 1514.] Qucere: Where such judgment has been rendered, can the plaintiff, by a new suit, recover judgment against the partner not served, so as to subject his individual property also to the payment of the original judgment ?

§ 351. Venue of. suit. A defendant must be sued in the county of his residence, unless the case comes within some of the exceptions named in the statute. [Pas. Dig. art. 1423.]

[150]*150April 30, 1879.

§ 352. Jurisdiction of county court. Under the present constitution and laws, the county court has no jurisdiction to set aside a judgment of the district court.

Reversed and remanded.

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Opinion by

Winkler, J.

§ 350. Partnership, judgment against. The judgment of the district court having been rendered upon proper service had upon Bryant, one of the members of the partnership of Parris & Bryant, was sufficient to bind the partnership and the property of the individual member so served. [Pas. Dig. art. 1514.] Qucere: Where such judgment has been rendered, can the plaintiff, by a new suit, recover judgment against the partner not served, so as to subject his individual property also to the payment of the original judgment ?

§ 351. Venue of. suit. A defendant must be sued in the county of his residence, unless the case comes within some of the exceptions named in the statute. [Pas. Dig. art. 1423.]

[150]*150April 30, 1879.

§ 352. Jurisdiction of county court. Under the present constitution and laws, the county court has no jurisdiction to set aside a judgment of the district court.

Reversed and remanded.

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Bluebook (online)

1 White & W. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farris-v-seisfield-texapp-1879.