Holman v. Chevaillier's Adm'r
Texas Supreme Court
Error from Smith. Chevaillier recovered judgment against the defendant, on which execution issued and was returned by the Sheriff on the 3rd of May, .1853, without having been levied, the officer having received information of the death of the plaintiff in execution. On the 10th of October thereafter, an alias execution issued upon the judgment, in the name of the appellee, as administrator of Chevaillier.
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Error from Smith. Chevaillier recovered judgment against the defendant, on which execution issued and was returned by the Sheriff on the 3rd of May, .1853, without having been levied, the officer having received information of the death of the plaintiff in execution. On the 10th of October thereafter, an alias execution issued upon the judgment, in the name of the appellee, as administrator of Chevaillier. On the 15th of the same month, the defendant in execution filed a motion to quash the execution, assigning as cause, that the death of the plaintiff had not been suggested and the judgment…
1Opinion of the CourtWheeler, J.
By the Act of the 5th of February, 1853, it is provided, that in case of the death of a sole plaintiff, or one of several plaintiffs after judgment, it shall be the duty of the Clerk to issue execution on the judgment, in the name of the legal representative of the deceased sole plaintiff, or in the name of the survivor and the legal representative of the deceased plaintiff, “ without further notice to the defendant, upon “ an affidavit of such death being entered of record, or filed “ with the Clerk by such legal representative or the attorney “ of record of such plaintiff, together with a…
2Cases cited1 opinion
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