Robinson v. Perry
Texas Supreme Court
Appeal from Colorado. The appellee filer! his petition in the District Court, alleging, in substance, that at tho Fall Term, 1847, of that court the appellant had obtained judgment against him for the contents of a promissory note given by the petitioner for goods furnished him previous to the 1st day of March, 1842; that, execution had been issued upon this judgment-, upon which execution the clerk bad indorsed the words “without appraisement,” whereas the indorsement…
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Appeal from Colorado. The appellee filer! his petition in the District Court, alleging, in substance, that at tho Fall Term, 1847, of that court the appellant had obtained judgment against him for the contents of a promissory note given by the petitioner for goods furnished him previous to the 1st day of March, 1842; that, execution had been issued upon this judgment-, upon which execution the clerk bad indorsed the words “without appraisement,” whereas the indorsement thereon should have been “with appraisement; ” that by reason of said indorsement tiie property of the petitioner will be…
1Opinion of the CourtWheeler, J.
There is no controversy as to tho facts. They were *138expressly admitted by tlie answer; and tlie only question is, was the defendant in execution entitled to the benefit of appraisement, as provided by tlie 17th, 18th, and 19th sections of the act of tlie 27th of January, 1842, concerning executions? (Acts of 1S42, 63.) The 21st section of the act declares that the sections above referred to, which provide for appraisement, “shall apply only to debts and other legal liabilities contracted and incurred prior to the first day of March (May) next,” (1842,) “and that all sales by virtue of…
2Cited by7 opinions
- The Texas Company v. StephensTexas Supreme Court · 1907
- Ex Parte WoodsCourt of Criminal Appeals of Texas · 1908
- Lott v. Ross & Co.Supreme Court of Alabama · 1861
- Capital City Water Co. v. Board of RevenueSupreme Court of Alabama · 1897
- State v. WeilSupreme Court of Alabama · 1936
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