Cherry v. Speight

Citations

• 28 Tex. 503

Syllabus

<p>The 1st section of the IVth article of the Constitution of the United States reads as follows: “Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State.” (Paschal’s Dig., p. 17, Note 101; Paschal’s Annot. Const., p. 213, Notes 218, 219.)</p> <p>A judgment rendered in another State against a defendant on personal service in his lifetime is not only sufficient, after his decease, to support an action against his personal representative in .this State, but must, if not reversed or annulled, be held to be conclusive of all matters therein adjudicated, unless it be void for fraud.</p> <p>But a judgment rendered in another State against an administrator of a decedent will not support an action against a personal representative of the decedent in this State, when it is not alleged that any assets which were formerly in the hands of the administrator in the’ other State have come into the possession of the representative in this State.</p> <p>A mere technical inaccuracy in a claim as presented to an executor for allowance, or in the description of the claim in the affidavit to it, will not justify the executor in disallowing the claim, if the claim and affidavit as presented show a valid liability against the testator. (Paschal’s Dig., Art. 1310, Note 484.) The correctness of the ruling in the case of Taney v. Edwards, 27 Tex., 224, questioned, and the authority of that case disclaimed.</p> <p>The effect which the courts of the State will give to an appeal from the judgment of an inferior court of another State to the appellate tribunal thereof is dependent, not upon the statutes or decisions of this State, but upon those of the State in which the judgment was rendered and the appeal taken. The courts of this State will give to the appeal the same effect upon the judgment appealed from as would be given by the courts of such other State.</p> <p>The effect of an appeal from the vice chancery courts of M