Carson v. Moore
Texas Supreme Court
Error from Bowie. Tried below before the Hon. William S. Todd. This was a proceeding by the defendant in error to revive a judgment recovered by him, as the administrator of Charles Carson, deceased, in the District Court of Bowie county, on the 4th of September, 1852, against S. H. Rhodes, and the plaintiff in error, for $1994.94, upon which it appeared execution had never issued.
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Error from Bowie. Tried below before the Hon. William S. Todd. This was a proceeding by the defendant in error to revive a judgment recovered by him, as the administrator of Charles Carson, deceased, in the District Court of Bowie county, on the 4th of September, 1852, against S. H. Rhodes, and the plaintiff in error, for $1994.94, upon which it appeared execution had never issued. The original judgment was founded on the bond of Rhodes, as principal, and the plaintiff and others not sued, as sureties for the payment of the purchase-money for a negro bought by Rhodes, of the defendant in…
1Opinion of the CourtWheeler, C. J.
The judgment of revivor is so imperfectly and erroneously rendered, that it cannot be affirmed. It names one of the defendants, in the original judgment, as plaintiff. This is a clerical mistake, doubtless, but it would require that the judgment be reformed, by reversing, and rendering the proper judgment, if there were no other irregularity in the proceedings.
But the objection to the rendition of the proper judgment is presented, that the original judgment was rendered against two jointly, and the scire facias to revive, appears to have been served upon but one. The question arises, can the…
2Cases cited1 opinion
- Austin's Ex'ors v. Reynolds' Adm'rTexas Supreme Court · 1855
3Cited by1 opinion
- Wygal v. MyersTexas Supreme Court · 1890