Austin's Ex'ors v. Reynolds' Adm'r
Texas Supreme Court
Appeal from Brazoria. The petition alleged that Andrews had departed this life. The amended petition making his representatives parties was filed June 16, 1852. Thé executions which had been issued on the judgment after its affirmance by the Supreme Court did not appear. The petition alleged that one was issued on the 13th April, 1841, and that u subsequently other executions have been regularly and from time to time issued on said judgment.”
1Opinion of the CourtLipscomb, J.
This was a proceeding by a scire facias, to revive a judgment obtained by Sawyer as administrator of Reynolds v. Henry Austin and Edmund Andrews, in Brazoria county. The petitioner does not ask to revive the judgment against the representatives of Andrews. The petitioner prayed to revive the judgment by service of scire facias upon Henry Austin, then a citizen of the county of Galveston, who died after the commencement of these proceedings, and his executors were made parties. A demurrer to the petition was sustained on the exception that Andrews’ representatives ought to have been made…
2Cases cited1 opinion
- Mitchell's heirs v. Smith's heirsCourt of Appeals of Kentucky · 1822
3Cited by12 opinions
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- Wygal v. MyersTexas Supreme Court · 1890
- Sias v. BerlyCourt of Appeals of Texas · 1950
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