Jackson v. Butler
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. Joah H. Banton. On the 23d day of November, 1865, William Jackson recovered judgment against John B. & I. H. Earle, for the sum of $6,752.55. On the 30th day of November, 1865, a certified transcript of this judgment was filed for record in the office of the county clerk, and recorded the 16th of March, 1866. JohnB.
Read the full summary
Appeal from McLennan. Tried below before the Hon. Joah H. Banton. On the 23d day of November, 1865, William Jackson recovered judgment against John B. & I. H. Earle, for the sum of $6,752.55. On the 30th day of November, 1865, a certified transcript of this judgment was filed for record in the office of the county clerk, and recorded the 16th of March, 1866. JohnB. Earle departed this life; but before and at the time of his death, he and his co-defendant, I. H. Earle, were both insolvent. On the 21st of July, 1869, William Jackson authenticated this judgment as a claim against the estate of…
1Opinion of the Court
Moore, Associate Justice.
Though it is the main question which has been discussed by counsel, it is unnecessary *426for us to determine whether, under the “ act to prevent judgments from becoming dormant, and to create and preserve judgment liens,” passed February 14, 1860, a judgment of the District Court becomes dormant by a failure to issue execution upon it within one year from the time at which execution could have been issued. For, if it be conceded that the judgment upon which this action is brought had become dormant because execution had not been issued within the proper time, and though…
2Cases cited2 opinions
- Muir v. LeitchNew York Supreme Court · 1849
- Wright v. RhodesTexas Supreme Court · 1874
3Cited by7 opinions
- Hanrick v. GurleyTexas Supreme Court · 1900
- Reyes v. Kingman Texas Implement Co.Court of Appeals of Texas · 1916
- Spring v. EisenachTexas Supreme Court · 1879
- Fikes v. Buckholts State BankCourt of Appeals of Texas · 1925
- Estrada v. ReedCourt of Appeals of Texas · 1936
2 more not listed; retrieve them via the Exa API.