Porcheler v. Bronson

Citations

• 50 Tex. 555

Syllabus

<p>1. Suit on foreign judgment.—In the absence of an averment in the petition on a foreign judgment, of a law, custom, or procedure in the court where the judgment was rendered requiring a different construction, such judgment will be construed to have the same legal effect as if it had been rendered in our own courts.</p> <p>2. CHARGE.—It is the duty of the court to consume a foreign judgment when sued on, and not for the jury, upon evidence.</p> <p>3. Pleadings not supplied by evidence.—Wain of material averment as to a judgment cannot be supplied by evidence on the trial.</p> <p>4. Effect of foreign judgment—Foreclosure.—A foreign judgment for foreclosing a mortgage will be construed to extend no further, unless it be shown by averment and proof that such judgment when rendered had additional effect.</p> <p>5. Construction and effect of judgment.—It seems that the court would not so construe such judgment, with aid of averment and proof, where the transcript of the proceedings shows no prayer for a personal judgment, and where the judgment clearly extended no further than to decree a foreclosure of a mortgage.</p> <p>6. Correct decision for wrong reason.—That the judge below rendered a correct judgment upon a wrong reason, (as in this case, liad the special exception improperly been the cause of the judgment while the petition was subject to general demurrer,) would be no ground-for reversal.</p>