Ross v. American Radiator & Standard Sanitary Corp.

CLAUDE WILLIAMS, Chief Justice.

This appeal presents the sole question of validity vel non of a judgment which was attempted to be revived by the issuance of an alias execution. We hold thaot the alias execution was not “issued” within ten years from the date of issuance of the previous execution as required by Vernon’s Tex.Rev.Civ.Stat.Ann. art. 3773 (Vernon 1966) ,1 We reverse the trial court’s decree declaring the judgment to be valid.

The facts are not disputed. On November 24, 1953, in cause number 85030-D, in the 95th District Court of Dallas County, Texas, American Radiator & Standard…