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27 Tex. 6

Paris v. Du Bose

Texas Supreme Court

Decided July 1, 1863

Texas Supreme Court · decided 1863-07-01

Error from Hunt. Tried below before the Hon. William S. Todd. Suit by defendant in error against the plaintiff in error, on a promissory note for five hundred dollars. Judgment by default at first term in favor of the plaintiff.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-07-01

How this case has been cited

Cited by 5 later decisions — most recently June 1938

5 state decisions

2018631870188018901900191019201930decided

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, C. J.

¶1There is no error in the judgment apparent upon the record. But we are asked to reject a part of the sheriff’s return of service of the citation, rendering the return insufficient, upon the ex parte affidavits of two attorneys first presented in this court. The verity of the record can not be thus impeached. We are aware of no precedent to warrant the supplying of an *7omission in the record, or the rejecting a part of it by such means. In the case of Harris v. Hopson, (5 Tex. R., 529,) the affidavits were received fer the purpose of preventing a fraud upon the jurisdiction of the court, and from the necessity of the case, there being no other mode of prevention. But here, it is proposed to make a material alteration of the record, by ex parte affidavits, in this court. Such a practice is inadmissible; and if allowed, would be of most dangerous consequence. It can not receive the sanction of the court.

¶2The judgment is affirmed.

¶3Judgment affirmed.

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