Perry v. Gregory
Texas Supreme Court
Error from Brazoria. Action by the plaintiff in error, commenced September 16, 1847, to supersede an execution and quash a twelve months bond taken under the 8th Section of the execution law of 1839. (Hart. Dig. Art. 1277.) The bond was taken in 1839, and the execution which the plaintiff sought to supersede, was issued thereon in 1847, and did not purport to be apluries execution.
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Error from Brazoria. Action by the plaintiff in error, commenced September 16, 1847, to supersede an execution and quash a twelve months bond taken under the 8th Section of the execution law of 1839. (Hart. Dig. Art. 1277.) The bond was taken in 1839, and the execution which the plaintiff sought to supersede, was issued thereon in 1847, and did not purport to be apluries execution. Several objections were made to the bond, which attacked its validity, but which, in the view of the case taken by the Court, are not material to this report. The defendant confessed irregularity in the execution ;…
1Opinion of the CourtWheeler, J.
The application, by the motion of the 16th of November, 1849, to obtain an entry of satisfaction upon the bond, had no necessary or proper connection with the case made by the petition. Nor has it such connection with the case brought before'us by the present writ of error for revision. It sought to attain the same ultimate object, the vacation of the bond ; but in a different way and upon a different ground. It proceeded upon an entirely distinct and independent ground, or cause of action, in no way connected with, or incidental to the case then pending. It was, in substance and in fact, a…
2Cited by2 opinions
- Hickcock's Sons v. BellTexas Supreme Court · 1877
- Craig A. Johnson v. Enerlex, Inc., Texas Court of Appeals, 3rd District (Austin)1997