Graves v. White
Texas Supreme Court
Appeal from Washington. Action by the appellants, as administrators of Frederick Niebling, against the appellee, to revive a judgment in favor of Niebling against the defendant, and another since deceased; commenced September 12th, 1853. Flea of former judgment. At the trial the defendant gave in evidence the former judgment.
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Appeal from Washington. Action by the appellants, as administrators of Frederick Niebling, against the appellee, to revive a judgment in favor of Niebling against the defendant, and another since deceased; commenced September 12th, 1853. Flea of former judgment. At the trial the defendant gave in evidence the former judgment. The plaintiffs offered to prove by the testimony of persons who had been present at the former trial, that the judgment was not rendered on the merits, bat on the ground that the plaintiffs had failed to prove that they were administrators as alleged. The testimony was…
1Opinion of the CourtLipscomb, J.
The record in this case shows that it was a proceeding to revive a judgment rendered in favor of the appellants’ intestate against one Crosby and the appellee White, by a process called a scire facias ; that there had been a previous scire facias sued out for the same object, in which the Court had rendered judgment for the defendant, the appellee in this suit; that the exceptions had been filed to the writ and also a plea to the merits; that the case had been submitted to the Judge without a jury by consent of parties; that the former judgment rendered by the Court in favor of the defendant,…
2Cited by2 opinions
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