United States Supreme Court Cases & Opinions

U.S. Supreme Court

Sugg v. Thornton, 132 U.S. 524 (1889)

Sugg v. Thornton

No. 1141

Submitted December 9, 1889

Decided December 23, 1889

132 U.S. 524

Syllabus

There is color for a motion to dismiss a writ of error to a state court for want of jurisdiction if it appear that no federal question was raised on the trial of the cases, but that it was made for the first time in the highest appellate court of the state sitting to review the decision of the case in the trial court.

The provision in the Revised Statutes of Texas that when service is made in an action against a partnership upon one of the firm, the judgment may be rendered against the partnership and against the member actually served (§ 1224), and the provision directing the manner of the service of process upon a nonresident or an absent defendant (§ 1230) are not repugnant to the Constitution of the United States.

A judgment in Texas against a partnership, and against one member of it upon whom process has been served, no process having been served upon another member who is nonresident and absent, binds the firm assets so far as the latter is concerned, but not his individual property.

Motions to dismiss or affirm. The case is stated in the opinion.