McFadden v. Lockhart
Texas Supreme Court
Error from Harris. In April, 1S43, the intestate, Lowrey, in a summary proceeding, obtained a judgment against the plaintiff in error for failing to levy and return an execution directed to him as sheriff of Jefferson county. On this judgment execution issued ou the 10th day of June, 1843, and was returned without a ievy in September following.
Read the full summary
Error from Harris. In April, 1S43, the intestate, Lowrey, in a summary proceeding, obtained a judgment against the plaintiff in error for failing to levy and return an execution directed to him as sheriff of Jefferson county. On this judgment execution issued ou the 10th day of June, 1843, and was returned without a ievy in September following. On the 9th of March. 1847, the defendant in error filed his petition in the District Court, seeking by scire fa-cias to revive the judgment and have execution thereof in his name, as administrator of Lowrey, who had died after judgment rendered. Three…
1Opinion of the CourtWheeler, J.
In an argument of much research and ability the counsel for the plaintiff in error has labored to maintain that the summary proceedings-against the defendant in the former suit were not in conformity to law, and consequently that the judgment rendered therein is coram non judice and void. Tiie argument seemed entitled to much weight, if those proceedings constituted, properly any part of the record before us. They doubtless might have been made so by pleading to the scire facias. But, to constitute the record in the original action a part of the record in this case, it must, it seems, have…
2Cited by6 opinions
- Schleicher v. MarkwardTexas Supreme Court · 1884
- Sias v. BerlyCourt of Appeals of Texas · 1950
- Thomas, Pusey & Co. v. JonesTexas Supreme Court · 1874
- Davis v. DavisTexas Supreme Court · 1859
- Steinfeld v. MontijoArizona Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.