Henderson v. Vanhook
Texas Supreme Court
Error from Navarro. Tried below before the Hon. N. W. Battle. This was a suit to revive a judgment, commenced by a petition for scire facias, by Solomon Yanhook against William F. Henderson.
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Error from Navarro. Tried below before the Hon. N. W. Battle. This was a suit to revive a judgment, commenced by a petition for scire facias, by Solomon Yanhook against William F. Henderson. The petition alleged, that the plaintiff, on the 10th day of October, 1856, in said court, recovered a judgment against the said Henderson and Edward H. Tarrant, for the sum of $2,598.73; that the said Tarrant was then, (at the commencement of this suit,) deceased, and that more than a year had elapsed since the rendition of the judgment, without the issuing of any execution thereon, whereby it had become…
1Opinion of the CourtBell, J.
The court below erred in overruling the demurrer *359of the defendant, Henderson, to the plaintiff’s petition. The administrator of Edward H. Tarrant, deceased, should have been made a party to the suit to revive the judgment. For the law of this case, it is only necessary to refer to the case of Austin v. Reynolds, 13 Texas Rep. 544. The judgment of the court below is reversed and cause remanded.
Reversed and remanded.
2Cases cited1 opinion
- Austin's Ex'ors v. Reynolds' Adm'rTexas Supreme Court · 1855
3Cited by4 opinions
- Hudson v. MorrissTexas Supreme Court · 1881
- Wygal v. MyersTexas Supreme Court · 1890
- Sias v. BerlyCourt of Appeals of Texas · 1950
- Sias v. BerlyCourt of Appeals of Texas · 1950