Bradford v. Rogers
Bradford v. Rogers
Opinion of the Court
Opinion.— Upon the first proposition the question presented is not whether the judgment in favor of Longstreet, Bradford & Go. against Rogers and Oliver, if it were before us upon appeal or writ of error, could be sustained. Authorities are not wanting that the omission of the names of parties, or of a fuller description of them, would, if the objection was properly made, prove fatal to it. But a judgment may be erroneous without being void. Thouvenin v. Rodriguez, 24 Tex., 479. The question here is, whether the judgment in this collateral action can be held void upon its face for want of jurisdiction or for uncertainty.
1. That the court had jurisdiction of the persons, Rogers and Oliver, is conclusively proven by the judgment itself. It recites that the defendants were duly cited, and this declaration cannot be contradicted by plea or proof. The fact of jurisdiction appearing on the record, it cannot be contradicted. Freeman on Judgments, sec. 131. Thus, though the return upon a summons against A. B. certities a service of such summons on C. B., and the judgment states that A. B. has been summoned, . . . the judgment will be impregnable to any collateral assault. Quivey v. Baker, 37 Cal., 465. And even where the record is silent upon the subject of notice, the judgment of a court of general jurisdiction will support itself, and can
2. Is the judgment void because rendered in favor of Longstreet, Bradford & Co. against Rogers and Oliver? In reply to this question the authorities are numerous. In Pate v. Bacon, 5 Munf., 219; Tottey v. Donald, 4 Munf., 430; Barnet v. Watson, 1 Wash., 372; Porter v. Cresson, 10 Serg. & Rawle, 457, it is held that a declaration by the firm name, without mentioning the names of the partners, is good after verdict. And these are none the less persuasive as authority because the parties appeared and pleaded without objecting to the want of the names. In McHance v. Huffman, judgment in favor of partners, by their partnership name, was held good. 3 Harring., 425. In Lutz & Co. v. Buffum, 14 Penn. St., 69, it was held that if a partnership is sued in the firm name, without naming its members, the defect is cured by verdict; and if a suit is in the firm name, the court will presume it, after verdict, to be the name of real persons. In Hyde v. Clapp, 43 Tex., 546, the judgment was in favor of Clapp & Co. Moore, J., says: “ If any question could be made as to the manner in which the plaintiff's are described in the judgment, . . . it could only be by a direct proceeding to this end, and not in a collateral action. It clearly appeared from the evidence, to which exceptions were taken, that there was a judgment to support the execution under which the land was sold. This being the case, it was certainly admissible, as tending to establish the title of the purchaser under the execution, while the judgment stood in force, though it appeared on its face to be erroneous and voidable.”
In Hays v. Yarbrough, 21 Tex., 488, where the petition
3. Was parol evidence admissible to identify the parties to the suit? TJpon this point the case cited, of Root y. Fellows, is authority. In Wharton on Evidence, 986, it is said: c' Like all other instruments, a record, when silent or am- . biguous, may be explained by parol. Thus, where the record gives the name of the party ambiguously, the ambiguity may be cleared and the party identified by parol extrinsic proof.” See, also, Garwood v. Garwood, 29 Cal., 514; Thompson v. Marrow, 1 Cal., 428; Newcomb v. Peck, 17 Vt., 302; Lafayette Ins. Co. v. French, 18 Howard, 409. The parol testimony in this case could not have been received to amend or correct the judgment or supply any omissions requisite to its validity. If, upon its face, it was void, it could not have been validated by parol proof. If it were not void, as we have shown, it needed, and could derive, no support from extrinsic evidence; but it was perfectly competent for the parties claiming under it to prove, by any evidence the proceedings in the case afforded, or any testimony outside of it, the identity of the parties against whom it was rendered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.