Armendiaz v. de la Serna

Citations

• 40 Tex. 291

Syllabus

<p>1. On demurrer to a petition the court will determine its sufficiency by the law of the State.</p> <p>2. Foreign laws must be averred and proved as facts.</p> <p>3. It is error to dismiss a petition on demurrer for insufficiency under the laws of Mexico, the alleged residence of the parties, and where the alleged contract sued on was executed.</p> <p>On Rehearing.</p> <p>4. A plea to the jurisdiction alleging the non-residence of the parties, and that the defendant had no assets in the State, not contradicted on the record, held to be good, and the action overruling it erroneous.</p> <p>5. That garnishees had not answered as to their indebtedness to the defendant, and that a suit was pending by defendant against a resident of the State, who, in his answer as garnishee, had denied owing defendant, do not rebut the denial of assets made in the plea to the jurisdiction.</p> <p>6. This court will not examine a record in another suit to ascertain an important fact which should be shown in the record under consideration.</p> <p>7. If a cause of action appear under the laws of the forum, the demurrer thereto should be overruled.</p> <p>8. In the absence of allegation and proof of a foreign law as a fact, the law of the forum will govern.</p> <p>0. If a petition allege the terms of a foreign law, on demurrer the court will regard the allegations as to the foreign law admitted.</p> <p>10. Protest and notice are not required by the laws of Texas or commercial law to charge the drawer when it is shown that he had no funds, or had drawn without authority.</p> <p>11. Courts will not ordinarily regard the revenue laws of a foreign State as affecting a contract sought to be enforced by parties within their jurisdiction.</p>