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13 Tex. 476

Houston v. Dunn

Texas Supreme Court

Decided July 1, 1855

Texas Supreme Court · decided 1855-07-01

Error from Walker. Action by defendant in error against plaintiff in error, on a transcript of a judgment of a Circuit Court at Nashville, in Tennessee, rendered at May Term, 1853. A transcript of the judgment was filed with the petition. It appeared from the transcript that the plaintiff brought his action in Tennessee, in September, 1852.

Good law ✅— No negative treatment on recordhow we know

Decided 1855-07-01

How this case has been cited

Cited by 9 later decisions — most recently December 1977

9 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wheeler, J.

¶1The process, by which service was made in Tennessee, required personal service; and the retara must be taken to be evidence of such service. But if the service was defective, it was cured by the appearance of the parties, by their attorneys; of which the judgment affords evidence.

¶2*480If we were authorized to entertain an appeal directly from the judgment rendered in Tennessee, it might become necessary to revise the judgment in reference to the several objections urged to the regularity and legality of the proceedings. But in a suit upon it, the judgment is conclusive of those questions. Until reversed and set aside, or annulled, by a proceeding having that object directly in view, there can be no question, the judgment was valid, and conclusive, between the parties to it, in Tennessee, of the matters therein adjudged. And its effect is the same in this State. (Reid v. Boyd, Supra.) The judgment is affirmed.

¶3Judgment affirmed.

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