Sampson v. Wyett
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. Spencer Ford. There was judgment in District Court of Burleson county, May 9, 1859, in favor of E. C. Knox and W. F. Grant, for $479.12, against W. W. Hill. March 17,1870, this judgment was affirmed in Supreme Court, with damages, against W. J. Hill, administrator of W. W. Hill, and J. M. Wyett and Charles Covington, his sureties on writ-of-error bond.
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Appeal from Burleson. Tried below before the Hon. Spencer Ford. There was judgment in District Court of Burleson county, May 9, 1859, in favor of E. C. Knox and W. F. Grant, for $479.12, against W. W. Hill. March 17,1870, this judgment was affirmed in Supreme Court, with damages, against W. J. Hill, administrator of W. W. Hill, and J. M. Wyett and Charles Covington, his sureties on writ-of-error bond. August 20, 1870, the mandate of the Supreme Court was filed with the clerk of said District Court. There were proceedings to revive the judgment, but being ineffectual, they are not stated. On…
1Opinion of the Court
Moore, Associate Justice.
It is not denied by appellant that judgments of courts of record in this State become dormant, unless execution issued thereon within twelve months after the rendition of the judgment, prior to the enactment of the statute of November 9, 1866, entitled “An act to prevent judgments from becoming dormant, and to create and preserve judgment liens.” But he insists that the common-law rule, that the vitality of a judgment is suspended by failure to issue execution thereon within a year and a day from its rendition, which became the law with us by the adoption of the…
2Cases cited4 opinions
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