Chrisman v. Graham

Citations

• 51 Tex. 454

Syllabus

<p>Trial of right of property—Jurisdiction. — September 10, 1877, property was levied on by execution issuing from the District Court, which was claimed and valued by the sheriff at $400. A trial of the right of property was had in the District Court, which resulted in a judgment against claimant, who brought the case to this court on error. The record failed to disclose how the District Court obtained jurisdiction: Held—</p> <p>1. This court cannot ascertain the jurisdiction of the District Court by evidence aliunde the record.</p> <p>2. An affidavit tiled in this court, to the effect that the defendant in execution was judge of the County Court of the comity, and that appellant was his son-in-law, cannot be considered in determining the jurisdiction of the District Court.</p> <p>3. The Supreme Court lias no power to supply defects in the record of an inferior court, whether occasioned by loss or otherwise.</p> <p>4. Since the record shows the facts touching jurisdiction, it will be understood to speak the truth in that regard, and it will not be presumed that there was other or different evidence adduced, or that it was otherwise than as stated.</p> <p>5. When a county judge is disqualified, from relationship or otherwise, to try a cause, the District Court may have of the cause original jurisdiction ; but the record of its proceedings must show affirmatively how it acquired jurisdiction.</p>