Pierpont v. Pierpont

Texas Supreme Court

Pierpont v. Pierpont

19 Tex. 227

DecidedJuly 1, 1857

StatusPublished

This text of 19 Tex. 227 (Pierpont v. Pierpont) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pierpont v. Pierpont, 19 Tex. 227 (Tex. 1857).

Pincite

Opinion

Wheeler, J.

There is nothing in the objection taken to the service. It evidently appears by the affidavit what was intended. And it was understood and acted on by the officer. [228]*228But the omission of the Court to make out a statement of facts is fatal to the judgment. That is a positive requirement of the Statute, which cannot be dispensed with. (Hart. Dig. Art. 782 ; McFadden v. Lockhart, 7 Tex. R. 573.) The judgment is reversed and the cause remanded.

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Wheeler, J.

There is nothing in the objection taken to the service. It evidently appears by the affidavit what was intended. And it was understood and acted on by the officer. [228]*228But the omission of the Court to make out a statement of facts is fatal to the judgment. That is a positive requirement of the Statute, which cannot be dispensed with. (Hart. Dig. Art. 782 ; McFadden v. Lockhart, 7 Tex. R. 573.) The judgment is reversed and the cause remanded.

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Bluebook (online)

19 Tex. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierpont-v-pierpont-tex-1857.