Odle v. Frost, Barry & Lee

Citations

• 59 Tex. 684
• 2 Tex. L. R. 95
• 1883 Tex. LEXIS 250

Syllabus

<p>1. Judgment collaterally attacked.— When judgment is rendered in a cause by a court whose juiisdiction over the subject matter properly attached, and whose jurisdiction over the defendant, who was personally served with process, was not questioned, it cannot be collaterally attacked by showing that it was rendered upon illegal evidence. In such a case, no inquiry can be made into the motive of a plaintiff who credited a note on which the judgment was rendered, so as to reduce it to sum within the jurisdiction of the justice’s court which rendered the judgment.</p> <p>2. Jurisdiction. — Where jurisdiction in a cause in which judgment has been rendered appears from an inspection of the papers to have attached, it can only be attacked for improper means used to obtain jurisdiction by a direct proceeding having that object in view, or by appeal. Fleming v. Seeligson, 57 Tex., 524, followed.</p> <p>3. Levy — Directory statute. — The provisions of the statute requiring a sheriff to demand a levy of the judgment debtor against whom a moneyed judgment has been rendered, are directory, and a failure to comply with its requirements, in the absence of any fraudulent combination between the sheriff and the judgment ereditor, would not necessarily render a sale void.</p>