27 Tex. 250 | Tex. | 1863
We are of opinion that there is no error in the judgment of the court below, and that the same ought to be affirmed,
. The only question which we deem it necessary to notice arises upon the bill of exceptions to the exclusion of the testimony of the witness Gray, offered by the plaintiffs below. The record of the District Court of Gonzales county, in the case of J. D. Clements, administrator of the estate of Thomas B. Miller, v. Joseph P. Lawler, recites that notice of the suit had been served upon Lawler by publication, in compliance with a former order of court. The testimony of the witness Gray was offered to disprove the record, and to show “that, in fact, no citation was ever served on said Lawler, by publication or otherwise, as recited in the decree.” There has been much discussion, and some contrariety of decision, as to the conclusiveness of the record of a domestic judgment, and as to how far such a judgment may be impeached for want of sufficient matter of record to show that the court by which it was pronounced, had acquired jurisdiction over the cause and the parties. The cases which we have examined, in which it has been held that the question of service or notice was open to the parties, are cases in which the record was silent on the subject, or disclosed the fact that the court which rendered the judgment in question did not have jurisdiction of the parties. The weight of authority seems to establish the proposition, that even where the record is
The judgment of the court below is affirmed.
Judgment affirmed.