Wahrenberger v. Horan
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. John Hancock. This suit was originally brought by the appellee against the appellant before W. H. Cushney, a Justice of the Peace, who rendered judgment in favor of the plaintiff on the 21st of November, 1846. On the 25th of November, 1853, the plaintiff brought an action of debt on this judgment before J. T. Allen, a Justice of the Peace, who rendered judgment in favor of the plaintiff, on the 7th of January, 1854. Defendant…
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Appeal from Travis. Tried below before the Hon. John Hancock. This suit was originally brought by the appellee against the appellant before W. H. Cushney, a Justice of the Peace, who rendered judgment in favor of the plaintiff on the 21st of November, 1846. On the 25th of November, 1853, the plaintiff brought an action of debt on this judgment before J. T. Allen, a Justice of the Peace, who rendered judgment in favor of the plaintiff, on the 7th of January, 1854. Defendant carried the case to the District Court by writ of certiorari, where the same judgment was rendered as in the Justice's…
1Opinion of the CourtWheeler, J.
Tested by the rules which have been observed by this Court, in reference to judgments in Justice’s Courts, it must be held that the transcript from the magistrate’s docket shows a valid judgment. It shows its amount, and the date of its rendition, and that an appeal was taken therefrom to the District Court. Though informal, it was intended by the Justice as the entry of judgment for the plaintiff ; and is to be so taken. The only question, therefore, is whether the suit upon it was barred by the statute of limitations.
*59The only limitation of actions upon judgments is that prescribed in the…
2Cited by9 opinions
- Boggess v. HowardTexas Supreme Court · 1874
- Roberts v. ConnelleeTexas Supreme Court · 1888
- Pullin v. ParrishCourt of Appeals of Texas · 1957
- Davis v. BargasCourt of Appeals of Texas · 1895
- Texas & New Orleans Railway Co. v. GarrettCourt of Appeals of Texas · 1906
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