Treadway v. Eastburn

Citations

• 57 Tex. 209
• 1881 Tex. LEXIS 177

Syllabus

<p>I. Judgment — Collateral proceeding.— In a collateral attack upon the judgment of a domestic court of record of general jurisdiction, the nullity of the judgment for want of jurisdiction over the person of the defendant was insisted on, because the return upon the writ of citation by publication showed that the alleged publication, as therein recited, could not have been made. The judgment, however, recited that the defendant failed to appear and answer, “but wholly made default, although duly cited with process,” etc. Held,</p> <p>(1) To determine whether the record shows affirmatively that there was proper service, the whole of it must be considered together.</p> <p>(2) The recital in the judgment, which was the last act of the court in the case, reciting that the defendant was “ duly cited with process,” imports in a collateral proceeding absolute verity.</p>