Johnson v. Skipworth
Texas Supreme Court
Appeal from Mitchell. Tried below before the Hon. It. 'H. Allen. Action of debt by J. W. Skip worth under article 3210, ¡Revised Statutes, on a dormant judgment of the district court of Tarrant county, rendered in 1874,'the record of which, it was alleged, had been destroyed by fire.
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Appeal from Mitchell. Tried below before the Hon. It. 'H. Allen. Action of debt by J. W. Skip worth under article 3210, ¡Revised Statutes, on a dormant judgment of the district court of Tarrant county, rendered in 1874,'the record of which, it was alleged, had been destroyed by fire. It was brought in the district court of Mitchell county on the 24th day of January, 1883. Judgment was rendered in favor of the appellee for $1,350.64. Appellant assigned as error: . . . “ 6. Because the court erred in admitting the deposition of John D. Templeton in evidence over the objection of the defendant,…
1Opinion of the Court
Willie, Chief Justice.—
There was no error in overruling appellant’s demurrer to plaintiff’s petition. The suit was an action of debt upon a judgment, and the proper venue was the county of the defendant’s residence. R. S., art. 1198. It was a new suit and not a mere continuation of the former one, as in case of scire facias, and hence the authority of Perkins v. Hume, 10 Tex., 50, is not applicable to it.
Nor was it requisite that the averment of destruction of the judgment contained in the petition should be sworn to. This was matter of evidence, and it was sufficient if the proof showed that…
2Cases cited1 opinion
- Perkins v. HumeTexas Supreme Court · 1853
3Cited by3 opinions
- Harwell v. MorrisCourt of Appeals of Texas · 1940
- Sias v. BerlyCourt of Appeals of Texas · 1950
- Sias v. BerlyCourt of Appeals of Texas · 1950