Texas & Pacific Railway Co. v. Walker

WILLIAMS, Associate Justice.

Tie following question, arising upon the facts stated, is certified by the Court of Civil Appeals for the Second District:

“In October, 1885, appellee was a minor, and as such, in a suit by next friend, recovered a judgment against appellant in the District Court of Tarrant County for $350, from which no appeal was prosecuted and by virtue of which no execution ever issued. This suit was instituted to revive said judgment, it being alleged that it was unpaid.

“It was alleged and proven on the trial, as matter of defense, that soon after the rendition of the judgment…