Opinion

Mabee v. McDonald

  • 107 Tex. 139
  • 175 S.W. 676
  • 1915 Tex. LEXIS 134
Court
Texas Supreme Court
Filed
Apr 14, 1915
Status
Published
On the bench
Hawkins
Cited by
28 cases
Authority
More cited than 1.7%

Reversed on other grounds by McDonald v. Mabee, 243 U.S. 90 (1917)

“ ‘Due process of law,’ as used in the fourteenth amendment, and ‘due course of the, law of the land,’ as used in Article I, § 19, of the Constitution of Texas, ... according to the great weight of authority, are, in nearly if not all respects, practically synonymous.”

How later courts described this case

  • “ ‘Due process of law,’ as used in the fourteenth amendment, and ‘due course of the, law of the land,’ as used in Article I, § 19, of the Constitution of Texas, ... according to the great weight of authority, are, in nearly if not all respects, practically synonymous.”

Written by the judges who cited it.

The opinion

We concur in the determination that the judgment of the honorable Court of Civil Appeals should be reversed and that of the County Court should be affirmed, basing our opinion that the service by publication upon the defendant in the original judgment was valid, upon the undoubted principle of the amenability of the citizen of the State to its laws, the right of the State to provide by statute for that character of service upon an absent citizen, and the express previous decision of the question by this court in Fernandez v. Casey, 77 Tex. 452 , 14 S.W. 149 .

Reversed and judgment of County Court affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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