Wright v. Wright
Texas Supreme Court
Appeal from Victoria. I'll a former action between these jiarties for divorce, the appellant liad been ordered to pay the appellee during the pendency of tlie suit for her separate support the sum of two hundred and fifty dollars annually, payable in quarterly installments. Tlie suit was afterwards dismissed, and at the time of its dismissal three of the installments were unpaid.
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Appeal from Victoria. I'll a former action between these jiarties for divorce, the appellant liad been ordered to pay the appellee during the pendency of tlie suit for her separate support the sum of two hundred and fifty dollars annually, payable in quarterly installments. Tlie suit was afterwards dismissed, and at the time of its dismissal three of the installments were unpaid. Some months subsequently executions were issued for their collection, and the appellant prayed for an injunction to restrain further proceedings ou said executions. By the decree of tiie District Court the executions…
1Opinion of the Court
IlEMPixiLL, Cb. J.
Tito principal question is whether an execution can legally issue to enforce a judgment or decree which has been, vacated or annulled. To state the proposition is.to answer it. It does not admit of argument or illustration. The foundation of an execution is the judgment of the court or some act or obligation which is in law equivalent thereto; and when this foundation is removed or destroyed the superstructure must fall with it. On the dismissal of 1 he suit the order for alimony had no longer legal subsistence or vitality. The mandate of the Supreme Court had expressly…
2Cited by19 opinions
- State Ex Rel. Dishman v. GaryTexas Supreme Court · 1962
- Rivera v. White, GuardianTexas Supreme Court · 1901
- Decker v. DeckerIllinois Supreme Court · 1917
- Maddox v. MaddoxSupreme Court of Alabama · 1964
- Russell v. RussellCourt of Appeals of Texas · 1934
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