North v. Swing
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Nat. M. Burford. This was an injunction suit brought by Matthias L. Swing, Greorge W. Barnett, and Alexander Harwood, against John North, John Chase, and Thomas North, on the 30th of July, 1859, to enjoin an execution which had issued on the 21st of April, 1859, upon a judgment in favor of the defendants, against the plaintiffs, for the sum of $865.29, rendered on the 28th day of January, 1857. Ho execution had previously…
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Appeal from Dallas. Tried below before the Hon. Nat. M. Burford. This was an injunction suit brought by Matthias L. Swing, Greorge W. Barnett, and Alexander Harwood, against John North, John Chase, and Thomas North, on the 30th of July, 1859, to enjoin an execution which had issued on the 21st of April, 1859, upon a judgment in favor of the defendants, against the plaintiffs, for the sum of $865.29, rendered on the 28th day of January, 1857. Ho execution had previously issued on the judgment. A jury was waived, and the cause being submitted to the court, the injunction which had been granted,…
1Opinion of the CourtWheeler, C. J.
As more than a year had elapsed from the rendition of the judgment, and no execution had issued thereon, the judgment had lost its lien, and become dormant. It required to be revived, in order to authorize the issuance of execution. As this was not done, the execution in question was unauthorized, and was therefore rightly enjoined. This will not prevent the plaintiffs in execution, from proceeding to revive their judgment, and have execution. If, in their answer, they had sought a revival of the judgment, it might, perhaps, have been so adjudged in this ease. (Cyrus v. Hicks, 20 Texas Rep.…
2Cases cited1 opinion
- Cyrus v. HicksTexas Supreme Court · 1857
3Cited by8 opinions
- Seymour v. HillTexas Supreme Court · 1887
- Cotten v. StanfordCourt of Appeals of Texas · 1941
- Darlington v. AllisonCourt of Appeals of Texas · 1928
- Stark v. CarrollTexas Supreme Court · 1886
- Pardue v. JamesTexas Supreme Court · 1889
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