Kaufman v. Wooters/Opinion of the Court
The supreme court of Texas, construing these statutory provisions has held, and it so held in this case, that a defendant, who appears only to obtain the judgment of the court upon the sufficiency of the service of the process upon him, is thereafter subject to the jurisdiction of the court, although the process against him is adjudged to have been insufficient to bring him into court for any purpose. The question here is whether such legislation is consistent with 'due process of law.' That question, arising upon the above statute, was presented in York v. Texas, 137 U.S. 15, 19, ante, 9, and it was there held that state legislation 'simply forbidding the defendant to come into court and challenge the validity of service upon him, in a personal action, without surrendering himself to the jurisdiction of the court, but which does not attempt to restrain him from fully protecting his person, his property, and his rights against any attempt to enforce a judgment rendered without due service of proess ,' was not forbidden by the fourteenth amendment.
Upon the record of this case there was color for the motion to dismiss, and, upon the authority of York v. Texas, the motion to affirm the judgment is sustained.