Scott v. Allen
Texas Supreme Court
Appeal from Bowie County. This case came up on an appeal from the judgment of the district court on a motion made hy the appellant to quash an execution and the return thereon, in favor of the appellee and against the appellant. The motion was predicated on the following grounds: 1st. That three other executions had issued previously on the same judgment and that the said last execution issued on the same day, the third of the said executions was returned. 2d.
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Appeal from Bowie County. This case came up on an appeal from the judgment of the district court on a motion made hy the appellant to quash an execution and the return thereon, in favor of the appellee and against the appellant. The motion was predicated on the following grounds: 1st. That three other executions had issued previously on the same judgment and that the said last execution issued on the same day, the third of the said executions was returned. 2d. That the supposed clerk who issued the executions had not, .at the time the last execution issued, taken the oath prescribed by the…
1Opinion of the CourtLipscomb, J.
It has been contended by the appellee, that only one question is brought up for revision in this case, and that is, whether the execution should be quashed or not; that the question as to the levy and return is not presented; that the record of the judgment uses the word motion, and by strict grammatical construction, it could embrace but one motion; and that it would be left uncertain, as to which of the two motions were intended to be operated on, but then, they both appear to have been before the court and the bill of exceptions shows that they were both overruled. The only construction we…
2Cited by8 opinions
- Linn v. ArambouldTexas Supreme Court · 1881
- White v. MitchellTexas Supreme Court · 1883
- Gonzales v. Daniel, Texas Court of Appeals, 13th District1993
- Meader Co. v. AringdaleTexas Supreme Court · 1883
- Thorndale Mercantile Co. v. Continental Gin Co.Court of Appeals of Texas · 1922
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