Dupree v. Gale Manufacturing Co.
Texas Supreme Court
Error to the Court of Civil Appeals, Third District, in an appeal from McLennan County. The appellate court reversed and rendered a judgment for defendants in an action by the Gale Manufacturing Company against Dupree and others on the plaintiff’s appeal. Defendants then obtained writ of error. Upon other issues, the application of the Gale Manufacturing Company for writ of error was refused.
1Opinion of the CourtChief Justice Phillips
The Gale Manufacturing .Company recovered a .judgment against W. E. Dupree in the District Court of McLennan County on June 31, 1897. An execution issued on the judgment within a year being the only execution upon the judgment. After more than ten years from the issuance of the execution, but within fourteen years from that date, recovery upon the judgment was sought by the plaintiff in the present case, which action the trial court held was barred- by the ten years statute of limitation. On the appeal it was held by the honorable Court of Civil Appeals for the Third District that the action…
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