Mitchell v. Runkle

Citations

• 25 Tex. 132

Syllabus

<p>The 10th sec. of the act of 27th January, 1842, concerning executions, reads as follows: “Should any sheriff, or other officer, fail or refuse to pay over money collected under an execution, when demanded by the person entitled to receive the same, he shall be liable to pay ten per cent, per month on the amount so collected, besides interest and costs, which may be recovered of him and his sureties by motion before the court from which said execution issued, three days’ -previous notice being given.” (Paschal’s Dig., Art. 3781; Hart., Art. 1333; 0. & W., Art. 865.)</p> <p>When a judgment under this section is produced, the record must show that the court had jurisdiction, and that the defendant had notice.</p> <p>To give any binding effect to the proceedings of a court, it must have jurisdiction of the person of the defendant, and of the cause or subject-matter.</p> <p>The want of jurisdiction makes the judgment utterly void, and unavailable for any purpose.</p> <p>■Proceedings under this section are summary and penal in character, and must be construed strictly.</p> <p>And those facts which give jurisdiction ought to appear, in order to show that its proceedings are eoramjudice.</p> <p>The record must show service or notice. (For full notes of the authorities, see Paschal's Annotated Dig., Note 872.)</p>