Cox v. Nelson

While recognizing the cogency of the-reasoning of Mr. Justice Williams in the foregoing majority opinion, I am unable-to concur in the conclusion reached. This dissent is grounded on the provisions of art. 3773 as amended, Vernon’s Ann.Civ.St. art. 3773, and art. 5532, R.S.1935, as interpreted by the Supreme Court in Commerce Trust Co. v. Ramp, 135 Tex. 84, 138 S.W.2d 531, and Zummo Packing Co. v. Cotham, 137 Tex. 517, 155 S.W.2d 600. In each of those cases executions had not-been issued within 12 months from dates of the judgments. Each of them were-suits, or had cross-actions, to revive the…