Court of Civil Appeals of Texas, 1879

Farris v. Seisfield

Farris v. Seisfield
Court of Civil Appeals of Texas · Decided April 30, 1879 · Winkler
1 White & W. 149

Farris v. Seisfield

Opinion of the Court

Opinion by

Winkler, J.

§ 350. Partnership, judgment against. The judgment of the district court having been rendered upon proper service had upon Bryant, one of the members of the partnership of Parris & Bryant, was sufficient to bind the partnership and the property of the individual member so served. [Pas. Dig. art. 1514.] Qucere: Where such judgment has been rendered, can the plaintiff, by a new suit, recover judgment against the partner not served, so as to subject his individual property also to the payment of the original judgment ?

§ 351. Venue of. suit. A defendant must be sued in the county of his residence, unless the case comes within some of the exceptions named in the statute. [Pas. Dig. art. 1423.]

*150April 30, 1879.

§ 352. Jurisdiction of county court. Under the present constitution and laws, the county court has no jurisdiction to set aside a judgment of the district court.

Reversed and remanded.

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