Toliver v. Hubbell

Decided July 1, 1851

Texas Supreme Court · decided 1851-07-01

The appellee recovered a judgment in tlie District Court of Galveston county in May, 1843, against Hughes and Peters. Peters died and administration was taken out on his estate in Colorado county.

Good law ✅— No negative treatment on recordhow we know

Decided 1851-07-01

How this case has been cited

Cited by 3 later decisions — most recently March 1937

3 state decisions

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.

View the full empirical analysis of this case →

Lipscomb, J.

¶1The 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.

¶2Judgment affirmed.