Fitzgerald v. Evans & Huffman
Texas Supreme Court
Error from Tarrant. Tried below before the Hon. J. A. Carroll. Samuel Evans and W. A. Huffman, the defendants in error, on the 12th day of March, 1878, filed in the district court of Tarrant county a petition for the revival of a dormant judgment rendered in that court in their favor against A. Fitzgerald, plaintiff in error, on the 15th day of March, 1876, for a sum of money specified in that judgment.
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Error from Tarrant. Tried below before the Hon. J. A. Carroll. Samuel Evans and W. A. Huffman, the defendants in error, on the 12th day of March, 1878, filed in the district court of Tarrant county a petition for the revival of a dormant judgment rendered in that court in their favor against A. Fitzgerald, plaintiff in error, on the 15th day of March, 1876, for a sum of money specified in that judgment. Fitzgerald failed to appear and answer in the proceeding for revival of judgment, and on the 22d day of March, 1878, the court rendered judgment of revival of the former judgment in favor of…
1Opinion of the Court
Bonner, Associate Justice.
In this case, doubtless through inadvertence, that which purports to be the judgment of revivor is so defective in a material part as not to constitute a final judgment.
A final judgment should contain: 1. The facts judicially ascertained, with the manner of ascertaining them entered of record. 2. The recorded declaration of the court, pronouncing the legal consequences of the facts thus judicially ascertained. Mayfield v. The State, 40 Tex., 290; Hanks v. Thompson, 5 Tex., 10; Warren v. Shuman, id., 449; Scott v. Burton, 6 Tex., 322; Hancock v. Metz, 7 Tex., 177.
The…
2Cases cited4 opinions
- Mayfield v. StateTexas Supreme Court · 1874
- Scott v. BurtonTexas Supreme Court · 1851
- Bullock v. BallewTexas Supreme Court · 1853
- Hancock v. MetzTexas Supreme Court · 1851
3Cited by20 opinions
- Trammell v. RosenTexas Supreme Court · 1913
- Chandler v. Reder, Texas Court of Appeals, 7th District (Amarillo)1982
- Kinney v. Tri-State Telephone Co.Texas Commission of Appeals · 1920
- Hickman v. SwainCourt of Appeals of Texas · 1919
- Cotten v. StanfordCourt of Appeals of Texas · 1941
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