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1 White & W. 149

Farris v. Seisfield

Court of Appeals of Texas

Decided April 30, 1879

Court of Appeals of Texas · decided 1879-04-30

<p>Appeal from Collin County.</p>

Decided 1879-04-30

¶1Opinion by

Winkler, J.

¶2§ 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 ?

¶3§ 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.]

*150April 30, 1879.

¶4§ 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.

¶5Reversed and remanded.

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