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Harris v. Logue

Richard A. HARRIS ex ux. v. Joseph M. LOGUE

Harris v. Logue, 554 S.W.2d 168 (Tex. 1977)
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Court
Texas Supreme Court · State Highest Courts
Decided
June 29, 1977
Docket
No. B-6565
Citations
554 S.W.2d 16820 Tex. Sup. Ct. J. 4081977 Tex. LEXIS 255

Opinion of the Court

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PER CURIAM.

Joseph M. Logue et al. obtained a judgment setting aside a prior default judgment rendered in a class action suit brought to remove restrictions on two lots owned by Richard A. Harris and wife. The Court of Civil Appeals affirmed on two grounds: because the prior judgment was void and because the elements of a bill of review were proved. 544 S.W.2d 932 . We agree that the judgment was correct because of the second ground. We disagree with and disapprove of the writing of the Court of Civil Appeals saying that the prior judgment was void “for want of due process or jurisdiction over necessary parties” and that Logue et al. were entitled to have it set aside without showing their meritorious defense. This writing is contrary to opinions of this Court, including Deen v. Kirk, 508 S.W.2d 70 (Tex.1974) and McEwen v. Harrison, 162 *169 Tex. 125 , 345 S.W.2d 706 (1961). The application for writ of error is refused, no reversible error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 21979: 11994: 119782026peak 1978 · 2

Relies on it most ⓘ

  1. Yancey v. Jacob Stern & Sons, Inc.564 S.W.2d 487 (Tex. App. 1978)
  2. Northcutt v. Jarrett585 S.W.2d 874 (Tex. App. 1979)
  3. Amanda v. Montgomery877 S.W.2d 482 (Tex. App.—Houston [1st Dist.] 1994)
  4. Aguirre v. Moor Park Investment Co.570 S.W.2d 103 (Tex. App. 1978)

Most recent

  1. Amanda v. Montgomery877 S.W.2d 482 (Tex. App.—Houston [1st Dist.] 1994)
  2. Northcutt v. Jarrett585 S.W.2d 874 (Tex. App. 1979)
  3. Aguirre v. Moor Park Investment Co.570 S.W.2d 103 (Tex. App. 1978)
  4. Yancey v. Jacob Stern & Sons, Inc.564 S.W.2d 487 (Tex. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
McEwen v. Harrison, 345 S.W.2d 706 (Tex. 1961) 254
Deen v. Kirk, 508 S.W.2d 70 (Tex. 1974) 66
Harris v. Logue, 544 S.W.2d 932 (Tex. App. 1976) 4

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