Court of Appeals of Texas November 13, 1876, No. 33, Op. Book No. 1, p. 160 (Rogers v. Harrison)

Opinion by

White, J.

§ 494. Petition must show that court has jurisdiction. Judgment by default against the executor of an estate. The petition alleged that the defendant resided in Harri*244son county. Suit was instituted in Upshur county. No allegation in the petition that the estate which defendant represented was being administered in Upshur county.