Dewitt v. Jones
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Fielding Jones. Suit to revive judgment of A. H. Jones for the use of E. C. Frisbie, against plaintiffs in error.
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Error from Gonzales. Tried below before the Hon. Fielding Jones. Suit to revive judgment of A. H. Jones for the use of E. C. Frisbie, against plaintiffs in error. The judgment was rendered April 20th, 1849. The petition alleged the issue and return of execution thereon, and that the last execution was issued May 9th, 1850, and returned Aug. 2nd, 1850. The petition acknowledged credits as follows : $41 05 paid October 1st, 1849 ; $70 May 7th, 1849 ; $100 May 1st, 1850. The defendants answered by a general demurrer, general denial, and plea of payment May 1st, 1849, as per receipt, $50 ; May…
1Opinion of the Court
Hemphill, Ch. J.
This was a suit to revive judgment. The plaintiffs recovered, the defendants appealed and assign that there was error—
1st. In overruling demurrer to the petition.
The demurrer is general, but the ground on which it had been supported in argument is, that execution having issued within twelve months from the date of the judgment, a suit to revive by scire facias would not lie ; that this right of revival is given by statute only in cases where execution has not issued within one year after the rendition of the judgment. (Hart. Dig. Arts. 1623, 1624 and 2378.) To this it is…
2Cited by14 opinions
- Cannon v. McDanielTexas Supreme Court · 1876
- Black v. EppersonTexas Supreme Court · 1874
- Wilcox v. First National BankTexas Supreme Court · 1900
- P. J. Willis & Brother v. StroudTexas Supreme Court · 1887
- Gillam v. MatthewsCourt of Appeals of Texas · 1938
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