Martin v. Rice
Texas Supreme Court
Error from Montgomery. Tried before the Hon. Peter W. dray. Judgment at the Fall Term of Montgomery District Court, in favor of Rice & Nichols against R. B. Martin and W. C. Kendrick. Execution issued Nov. 2nd, 1852, returned levied on personal property, and stopped by a writ of supersedeas, Februrry 7th, 1853, January 25th, 1854, judgment affirmed by the Supreme Court against Martin and his sureties, James H. Mitchell and J. M. Lewis, with ten per cent, damages for delay.
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Error from Montgomery. Tried before the Hon. Peter W. dray. Judgment at the Fall Term of Montgomery District Court, in favor of Rice & Nichols against R. B. Martin and W. C. Kendrick. Execution issued Nov. 2nd, 1852, returned levied on personal property, and stopped by a writ of supersedeas, Februrry 7th, 1853, January 25th, 1854, judgment affirmed by the Supreme Court against Martin and his sureties, James H. Mitchell and J. M. Lewis, with ten per cent, damages for delay. April 13th, 1854, execution issued against Martin, Kendrick, Mitchell and Lewis; returned unsatisfied. October 3rd, 1854,…
1Opinion of the CourtWheeler, J.
In Scott v. Allen (1 Tex. R. 508) it was held, that a motion to quash an execution will not be entertained after it has performed its functions and been returned by the Sheriff. The object of the motion here, however, was, to quash the return and set aside the sale ; and so considered, we are of opinion, it was rightly overruled. It is sought to maintain it on two grounds—
1st. That the execution was not issued within a year from the rendition of the judgment.
2nd. That the property of the plaintiff in error was pointed out by his co-defendant.
The first ground is unsupported by the record.…
2Cited by6 opinions
- Irvin v. FergusonTexas Supreme Court · 1892
- Castro v. IlliesTexas Supreme Court · 1858
- Teston v. BranninCourt of Appeals of Texas · 1924
- Wren v. PeelTexas Supreme Court · 1885
- Carothers v. JohnsonCourt of Appeals of Texas · 1891
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