Collin County Nat. Bank v. Hughes, (No. 2580.)
| Court | Supreme Court of Texas |
| Writing for the Court | Phillips |
| Citation | 220 S.W. 767 |
| Parties | COLLIN COUNTY NAT. BANK v. HUGHES. |
| Docket Number | (No. 2580.) |
| Decision Date | 21 April 1920 |
v.
HUGHES.
Error to Court of Civil Appeals of Fifth Supreme Judicial District.
Action by the Collin County National Bank against J. A. Hughes. Judgment for defendant was affirmed by the Court of Civil Appeals (154 S. W. 1181), and plaintiff brings error. Affirmed.
John Church and Abernathy & Abernathy, all of McKinney, and M. L. Morris and J. W. Pope, both of Dallas, for plaintiff in error.
Henry C. Coke, of Dallas, for defendant in error.
PHILLIPS, C. J.
The suit was instituted by the Collin County National Bank against J. A. Hughes in the District Court of Dallas County, April 14th, 1908, on a judgment recovered, June 26th, 1891, by the bank against Hughes in the Circuit Court of the United States for the District of Colorado, revived on scire facias, December 16th, 1907.
Hughes had been a resident of Texas for more than ten years preceding the institution of the suit in the District Court of Dallas County.
The history of the judgment sued upon, briefly stated, is this:
The bank originally recovered a judgment, Febuary 21, 1891, in the District Court of Collin County, Texas, against a corporation and its receiver as principals, and Hughes as surety, for a stated amount. Execution issued on this judgment March 9, 1891, and as to the defendant Hughes was returned unexecuted. No further execution ever issued on this judgment. Thereafter on Hughes' moving to Colorado the bank sued him there on the judgment and recovered a judgment against him on personal service, June 26, 1891, in the Circuit Court of the United States. On this judgment execution issued December 14, 1891, and was returned April 20, 1892. No other execution was ever issued upon the judgment.
Petition for revival of the judgment was filed, December 16, 1902. Writ of scire facias issued but was returned unserved, Hughes having moved from Colorado to Texas in September, 1896. The court thereupon ordered service of the writ by publication, and the publication was made in accordance with the order. Afterwards, Hughes made a special appearance for the purpose of quashing the service, and on his motion it was granted. Appeal from this order by writ of error was taken by the bank to the United States Circuit Court of Appeals, which dismissed the
Page 768
writ of error because the judgment was not a final one. 152 Fed. 414, 81 C. C. A. 556.
The bank thereupon, on October 12, 1907, filed...
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Sias v. Berly, No. 4646
...an order reviving the dormant judgment has not been clearly decided in this state. In Collin County National Bank v. Hughes, 110 Tex. 362, 220 S.W. 767, 768, suit was brought upon a judgment for debt rendered by a federal court in Colorado; this judgment had purportedly been revived against......
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Lawrence Systems, Inc. By and Through Douglas-Guardian Warehouse Corp. v. Superior Feeders, Inc., DOUGLAS-GUARDIAN
...brought to enforce foreign judgments from federal courts and sister states. See, e.g., Collin County Nat. Bank v. Hughes, 110 Tex. 362, 220 S.W. 767 (1920); Ferguson-McKinney Dry Goods Co. v. Garrett, 252 S.W. 738 (Tex.Comm'n App.1923, judgm't In that regard, section 16.066(b) provides: An ......
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Roath v. Uniroyal, Inc., No. 8255
...in 31 Texas L.Rev. 73 (1952); Collin County Nat'l Bank v. Hughes, 154 S.W. 1181, 1183 (Tex.Civ.App. Dallas 1913), aff'd, 110 Tex. 362, 220 S.W. 767, 768 (1920); cf. Union Nat'l Bank v. Lamb, 337 U.S. 38, 69 S.Ct. 911, 93 L.Ed. 1190 (1949); Owens v. McCloskey, 161 U.S. 642, 16 S.Ct. 693, 40 ......
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Union Nat. Bank of Wichita, Kan. v. Lamb, No. 40684
...faith and credit in this state. Owens v. Henry, 161 U.S. 642, 16 S.Ct. 693, 40 L.Ed. 837; Collin County Nat. Bank v. Hughes, 110 Tex. 362, 220 S.W. 767; Helper v. Davis, 32 Neb. 556, 49 N.W. 458, 13 L.R.A. 565, 29 Am.St.Rep. 457; Rice, Brown & Co. v. Moore, 48 Kan. 590, 30 P. 10, 16 L.R.A. ......
-
Sias v. Berly, No. 4646
...an order reviving the dormant judgment has not been clearly decided in this state. In Collin County National Bank v. Hughes, 110 Tex. 362, 220 S.W. 767, 768, suit was brought upon a judgment for debt rendered by a federal court in Colorado; this judgment had purportedly been revived against......
-
Lawrence Systems, Inc. By and Through Douglas-Guardian Warehouse Corp. v. Superior Feeders, Inc., DOUGLAS-GUARDIAN
...brought to enforce foreign judgments from federal courts and sister states. See, e.g., Collin County Nat. Bank v. Hughes, 110 Tex. 362, 220 S.W. 767 (1920); Ferguson-McKinney Dry Goods Co. v. Garrett, 252 S.W. 738 (Tex.Comm'n App.1923, judgm't In that regard, section 16.066(b) provides: An ......
-
Roath v. Uniroyal, Inc., No. 8255
...in 31 Texas L.Rev. 73 (1952); Collin County Nat'l Bank v. Hughes, 154 S.W. 1181, 1183 (Tex.Civ.App. Dallas 1913), aff'd, 110 Tex. 362, 220 S.W. 767, 768 (1920); cf. Union Nat'l Bank v. Lamb, 337 U.S. 38, 69 S.Ct. 911, 93 L.Ed. 1190 (1949); Owens v. McCloskey, 161 U.S. 642, 16 S.Ct. 693, 40 ......
-
Union Nat. Bank of Wichita, Kan. v. Lamb, No. 40684
...faith and credit in this state. Owens v. Henry, 161 U.S. 642, 16 S.Ct. 693, 40 L.Ed. 837; Collin County Nat. Bank v. Hughes, 110 Tex. 362, 220 S.W. 767; Helper v. Davis, 32 Neb. 556, 49 N.W. 458, 13 L.R.A. 565, 29 Am.St.Rep. 457; Rice, Brown & Co. v. Moore, 48 Kan. 590, 30 P. 10, 16 L.R.A. ......