Glass v. Smith

Citations

• 66 Tex. 548
• 2 S.W. 195
• 1886 Tex. LEXIS 562

Syllabus

<p>1. Void judgment—Injunction—In this state injunction is the appropriate remedy to prevent enforcement of a void judgment. (Authorities cited.)</p> <p>2. Personal judgment—Validity—A personal judgment against one over whom no-jurisdiction has been acquired, is a nullity.</p> <p>,3. Jurisdiction—How acquired—Jurisdiction is acquired over a plaintiff by his voluntary submission of a cause of action to the court, and one instituting proceedings for the revision of the action of an inferior court, thereby gives to the court exercising appellate or revisory power, jurisdiction over his person.</p> <p>4. Same—Jurisdiction over a defendant is acquired by his voluntary appearance, or the service upon him of such process as the law provides.</p> <p>-5. Same—Ratification—A judgment was rendered against defendant in the justice court. Subsequently a person, without defendant’s knowledge or authority, sued out a writ of certiorari by which the cause was taken to the district court. In a proceeding by defendant to enjoin enforcement of the judgment there rendered against him, Held, unless defendant availed himself of the unauthorized proceeding by certiorari, as by asking an adjudication under it, or in some way ratified the act of the person who caused it to be instituted, while it was pending, it was a nullity and he was entitled to relief.</p>