Brown v. Read

Citations

• 33 Tex. 629

Syllabus

<p>1. In an action on a contract, the defendant pleaded in abatement that at the time the suit was brought he was a resident citizen of a different county in this State than that in which the suit was instituted, and that he was not subject to he sued in the latter county. The plaintiff thereupon amended, and alleged that at the commencement of the suit the defendant was a transient person, having no fixed domicile known to the plaintiff; hut no allegation was made to repel the legal presumption that the defendant’s residence could have been ascertained by proper inquiry. Held, that the district court, on this state of the pleadings, should not have retained jurisdiction of the case.</p> <p>2, It was error to render judgment in favor of a plaintiff when his petition-disclosed the fact that the debt sued for was contracted to be paid in Confederate money. No species of relief will be given by the courtB of this State upon contracts of this character, whether they have been executed or remain executory.</p>