Liles v. A. Woods & Co.

Citations

• 58 Tex. 416
• 1883 Tex. LEXIS 39

Syllabus

<p>1. Jurisdiction —Venue.— After exceptions sustained to citation to defendant and to service, the defendant voluntarily appeared, no new process having issued, and filed pleas to the jurisdiction of the court only as to the subject matter of the suit and the venue of the cause, defendant alleging that he was not a citizen of Texas. Held,</p> <p>(1) The defendant’s appearance being voluntary, the court had jurisdiction of his person as fully as though he had been served with proper process.</p> <p>(2) The court having jurisdiction of his person and he being a non-resident, the suit was properly brought in the county of the plaintiff’s residence.</p> <p>(3) The defendant being sued for damages on account of a conversion of plaintiff’s property, it was immaterial where the property was when the suit was brought, or whether it was wrongfully converted within or without the state.</p> <p>(4) It was equally unimportant whether defendant had received the property under a contract to deliver within this state or not.</p> <p>(5) Having voluntarily given to- a court of Texas jurisdiction of his person, he could not on a subsequent appeal to the district court withdraw jurisdiction from that court, but the power existed in that court to declare the extent of his liability, and enforce payment thereof by sale of any property belonging to him found within the limits of the state.</p> <p>2. Judgment — Evidence.— A judgment involving rights to property is not admissible in evidence in a suit against one claiming it by purchase before the institution of the suit, and who was not a party thereto.</p>