Henry Wife v. Red Water Lumber Co.
Court of Appeals of Texas
Appeal from the District Court of Bowie County. Tried below before Hon. P. A. Turner. The application for continuance in this case was to obtain the testimony of defendant Henry, who was absent by reason of sickness, that the judgment against him in the District Court, on mandate from the Court of Civil Appeals showing that it was so rendered there, was entered without notice or new citation to him.
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Appeal from the District Court of Bowie County. Tried below before Hon. P. A. Turner. The application for continuance in this case was to obtain the testimony of defendant Henry, who was absent by reason of sickness, that the judgment against him in the District Court, on mandate from the Court of Civil Appeals showing that it was so rendered there, was entered without notice or new citation to him. Appellant’s sixth assignment asserted error in admitting the transfer of the judgment in question to the Red Water Lumber Company, and assigned some five reasons why it was not admissible. The…
1Opinion of the Court
EIDSOhT, Associate Justice.
This was an action of scire facias to revive a judgment of the Court of Civil Appeals, which judgment had been duly entered of record in the District Court, but upon which no process to enforce same had been issued within twelve months after rendition of said judgment. Appellee in its petition alleges that it was the owner of the judgment it was seeking to revive by purchase from the party in whose favor it was originally rendered. This sufficiently showed an interest in same entitling it to have such judgment revived.
There was no error -in the action of the court…
2Cited by10 opinions
- Valley Oil Company v. City of GarlandCourt of Appeals of Texas · 1973
- Berry v. BarnesCourt of Appeals of Texas · 1930
- San Antonio Loan & Trust Co. v. DavisCourt of Appeals of Texas · 1921
- Williams v. FosterCourt of Appeals of Texas · 1921
- Rosenfield v. CampbellCourt of Appeals of Texas · 1925
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