Masterson v. Cundiff
Texas Supreme Court
Appeal from. Houston. Tried below before the Hon. J. R. Kennard. Appellant, claiming to be sole assignee of the estate and effects of R. & D. G-. Mills, bankrupts, brought this suit on the 11th of February, 1882, to revive in his name as assignee, a judgment recovered in the district court of Houston county on the 24th day of ¡November,'1870, by one D. C. Stone for the use of the said R. & D. G. Mills, before they became bankrupts, for the sum Of 81,050.83, with interest…
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Appeal from. Houston. Tried below before the Hon. J. R. Kennard. Appellant, claiming to be sole assignee of the estate and effects of R. & D. G-. Mills, bankrupts, brought this suit on the 11th of February, 1882, to revive in his name as assignee, a judgment recovered in the district court of Houston county on the 24th day of ¡November,'1870, by one D. C. Stone for the use of the said R. & D. G. Mills, before they became bankrupts, for the sum Of 81,050.83, with interest thereon from that date at the rate of ten per cent, per annum, and costs of suit. Prayer that defendant be cited by sot re…
1Opinion of the Court
Willie, Chief Justice.
Upon what ground the general demurrer of appellee was sustained below does not appear from the record. In the brief of his counsel it is stated that it prevailed for two reasons: one because, it appeared from the face of the petition that Cundiff, the defendant below, was a resident of Wise county, and not of the county in which the suit was brought; the other, because the judgment sought to be revived was not dormant, and hence a scire facias to revive it would not lie. As to the first of these, it is sufficient to say that the privilege of being sued in the county of…
2Cases cited3 opinions
- Barron v. ThompsonTexas Supreme Court · 1880
- Perkins v. HumeTexas Supreme Court · 1853
- Bennett v. GambleTexas Supreme Court · 1846
3Cited by17 opinions
- Bonner v. HearneCourt of Appeals of Texas · 1889
- Mooney Aircraft, Inc. v. AdamsCourt of Appeals of Texas · 1964
- Stevens v. StoneTexas Supreme Court · 1901
- Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
- Holmes v. CoalsonCourt of Appeals of Texas · 1915
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