Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 141
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1875.] 'TORK v. CARTWRIGHT. 141
Opinion of the court.
residence of Aaron York in San Augustine county, cannot
be inquired into without making parties to judgment parties
to the direct proceeding instituted for that purpose.
As to the force and conclusiveness of a judgment of a court
of general jurisdiction, see Weathered v. Mays, 4 Tex.,
389. We submit, that although Aaron York may have
resided in San Augustine, yet he may have agreed to
perform an obligation in Henderson county. (See Pas.
Dig., art. 1423, 4th subdivision.) May not the service
by publication have been legitimate and right? May not
the predicament of fact have existed to authorize service
by publication? (Kitchen v. Crawford, 13 Tex., 520.) But,
then, if such predicament of fact did not exist as to authorize
publication by service, then such service was merely
irregular, and did not render the judgment void, but only
voidable, and this irregularity could only be inquired into
by writ of error or original proceeding within the proper
MOORE, ASSOCIATE JUSTICE.-The court did not err in
sustaining appellees' exception to appellants' petition. The
object and purpose for which the suit was brought was to
review, set aside, and have declared null and void thejudgment
referred to and described in appellants' petition, for
the various grounds therein particularly set forth.
The appellees were not parties to the suit now sought to
be impeached, nor have the parties to it been made parties
to this suit. Nor has any reason been given why this
is not done. If the judgment brought in question is, in
fact, an absolute nullity, as appellants allege, or they have
the better title to all or any part of the land described in
their petition than the parties holding and claiming under
said judgment, unquestionably they can maintain an action
of trespass to try title against the parties in possession, and
all persons asserting title under said judgment, without
making the plaintiff in the former suit parties to said ac
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/149/: accessed April 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .