Johnson v. Herbert

Decided July 1, 1876

Texas Supreme Court · decided 1876-07-01

Tried below before the Hon. L. Lindsay. The assignment of errors raised but a single question, viz: “That the court erred in sustaining the plea to the jurisdiction and dismissing the cause from the docket.” The petition alleged that defendants were non-residents of the State, but that one of them had property within the jurisdiction. The defendants interposed a plea in abatement to the jurisdiction.

Cited by 4 later decisions — most recently April 1915

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-07-01

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Roberts, Chief Justice.

¶1The court erred in dismissing the petition, upon the ground of a want of jurisdiction, on account of the defendants being alleged to be non-residents. It was alleged that one of the defendants had property within the jurisdiction of the court. (Wilson v. Zeigler, 44 Tex., 657.)

¶2It is not to be understood that this decision reaches the *305merits of the case, as made by the petition, as to both of the defendants, it being made exclusively upon the question of jurisdiction.

¶3Judgment reversed and cause remanded.

¶4Reversed and remanded.