Moseby v. Burrow

Citations

• 52 Tex. 396
• 1880 Tex. LEXIS 6

Syllabus

<p>1. Service—Constable.—By the statute of 1850, (Paschal’s Dig., art. 993,) a constable, in certain contingencies, was authorized to execute process; and as to a defendant served with process by a constable, who, after judgment against him, fails lo appeal, a presumption would be indulged that the contingency liad occurred which invested the officer with authority to make the service.</p> <p>2. Amicus CURUE.—A court, on the suggestion of an amicus enrice, cannot. act on matters .which should be presented by exception or plea.</p> <p>3. Forfeiture—Franchise.—A corporation is not to be deemed dissolved by any misuser or non-user of its franchise until the default has been judicially ascertained and declared.</p> <p>4. Corporation.—The mere insolvency of a corporation, or the appointment of a receiver for the same, would not necessarily dissolve the corporation.</p> <p>5. Receiver.—A receiver cannot act in his official character outside of the jurisdiction of the court, from which lie receives his authority.</p> <p>6. Jurisdiction.—The courts of one State cannot make a decree ordering tiie conveyance of land situated in another State which will ho recognized as valid by the courts of tiie State in which the land is located; and the same principle applies to the assignment by order of a Bankrupt Court in one State of land situate in another State.</p> <p>7. Executors and administrators.—An executor or administrator cannot, as such, maintain a suit in one State by virtue of letters granted in another.</p> <p>8. Obiter dictum.—So much of the opinion in 37 Tex., 88, as stated that “tiie property attached had passed lo the receiver; it was no longer the property of the plaintiff in error, and tiie levy of tiie attachment on it was void,” was obiter dictum.</p> <p>9. Authentication—Statutes of other States as evidence.— Under the act of Congress of May 20,1790, the statutes of any one of the United States, showing the incorporation of a private company, and which purports t