Spann v. Crummerford
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. The suit was commenced Sept. 5th, 1856; the judgment sued on and the execution, were made parts of the petition; the judgment was dated July 18th, 1846 ; the execution was addressed to all the Sheriffs of the State, was dated July 28th, 1846, and was indorsed as follows: Lodged, 28 July, 1846. Thos. J. Wilder, S. S. D. Nulla bona, Aug. 19, 1846. W. A. Colclough, D. S. Turned over by Thos.
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Error from Washington. Tried below before the Hon. R. E. B. Baylor. The suit was commenced Sept. 5th, 1856; the judgment sued on and the execution, were made parts of the petition; the judgment was dated July 18th, 1846 ; the execution was addressed to all the Sheriffs of the State, was dated July 28th, 1846, and was indorsed as follows: Lodged, 28 July, 1846. Thos. J. Wilder, S. S. D. Nulla bona, Aug. 19, 1846. W. A. Colclough, D. S. Turned over by Thos. J. Wilder, 12th February, 1848. H. Skinner, S. S. D. Nulla bona, 1848. W. E. Monzon, D. S. The benefit of the statute was claimed by…
1Opinion of the CourtRoberts, J.
This is a suit brought upon a judgment rendered in the State of South Carolina.
The plaintiffs in error, who were defendants below, pleaded the statute of limitations of ten years.
There was a verdict and judgment for defendant in error, who was plaintiff below.
The question in the case is from what period in the progress of the proceedings shall the statute commence running; from the date of judgment, of issuing the execution, or of entry of return by the Sheriff of nulla Iona.
It has been held that the same rule applies to a judgment of a sister State as to a judgment of this State. (Clay v.…
2Cited by8 opinions
- Kline v. McKelveyWest Virginia Supreme Court · 1905
- Tourtelot v. BookerCourt of Appeals of Texas · 1913
- P. J. Willis & Brother v. StroudTexas Supreme Court · 1887
- Gillam v. MatthewsCourt of Appeals of Texas · 1938
- Dupree v. Gale Manufacturing Co.Texas Supreme Court · 1916
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