Toliver v. Hubbell

Texas Supreme Court

Toliver v. Hubbell

6 Tex. 166

CourtTexas Supreme Court

DecidedJuly 1, 1851

StatusPublished

Cited by5 cases

This text of 6 Tex. 166 (Toliver v. Hubbell) 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

Toliver v. Hubbell, 6 Tex. 166 (Tex. 1851).

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Opinion

Lipscomb, J.

The assignment .presents the single question, Can the judgment of the Probate Court be set aside and held to be invalid on a collateral inquiry into its sufficiency? The negative of this proposition was laid down by this Court in Sutherland v. De Leon, (1 Tex. R.,) and in Lynch and another v. Baxter and wife, (4 Tex. R., 431,) and Neill v. Hodge, (5 Tex. R., 487,) so that the doctrine is now finally settled that such judgment is binding until it has been reversed or set aside by a proceeding having that object directly in view. The judgment is affirmed.

Judgment affirmed.

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Lipscomb, J.

The assignment .presents the single question, Can the judgment of the Probate Court be set aside and held to be invalid on a collateral inquiry into its sufficiency? The negative of this proposition was laid down by this Court in Sutherland v. De Leon, (1 Tex. R.,) and in Lynch and another v. Baxter and wife, (4 Tex. R., 431,) and Neill v. Hodge, (5 Tex. R., 487,) so that the doctrine is now finally settled that such judgment is binding until it has been reversed or set aside by a proceeding having that object directly in view. The judgment is affirmed.

Judgment affirmed.

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Bluebook (online)

6 Tex. 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toliver-v-hubbell-tex-1851.

Opinion

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