Schmidtke v. Miller
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. George H. Noonan. This, is an appeal from a judgment of the district court of Bexar county on scire facias reviving a judgment for seven thousand seven hundred and sixty-five dollars and seventy-four cents, which had been rendered March 1, 1877, in the same court, in favor of Miller, the appellee, and against H. Hamilton and Charles Schmidtke. The judgment had become dormant.
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Appeal from Bexar. Tried below before the Hon. George H. Noonan. This, is an appeal from a judgment of the district court of Bexar county on scire facias reviving a judgment for seven thousand seven hundred and sixty-five dollars and seventy-four cents, which had been rendered March 1, 1877, in the same court, in favor of Miller, the appellee, and against H. Hamilton and Charles Schmidtke. The judgment had become dormant. On August 4, 1884, petition was filed to revive the judgment and both defendants were served with writs of scire facias. Both defendants answered. During the pendency of the…
1Opinion of the Court
Walker, Associate Justice.
The objection to the jurisdiction of the court is not well taken. Scire facias to revive a judgment lies in the court where the judgment was rendered regardless of the residence of the defendants. It is a continuation of the same suit. (58 Texas, 474, Masterson v. Cundiff.)
Article 1248, Revised Statutes, provides that where a defendant dies before judgment, scire facias may issue to the administrator or executor and, in a proper case, to the heir of such deceased defendant, requiring him to appear and defend the suit!
It would seem that article 1249 indicates the…
2Cases cited5 opinions
- Frederick L. v. WillisTexas Supreme Court · 1882
- Conkrite v. Hart & Co.Texas Supreme Court · 1853
- Webb v. MallardTexas Supreme Court · 1863
- Mayes v. JonesTexas Supreme Court · 1884
- McMiller v. Anthony Butler's AdministratrixTexas Supreme Court · 1857
3Cited by14 opinions
- Fleming v. BallCourt of Appeals of Texas · 1901
- Patton v. Texas & P. Ry. Co.Court of Appeals of Texas · 1911
- Ferguson v. FergusonCourt of Appeals of Texas · 1933
- Sias v. BerlyCourt of Appeals of Texas · 1950
- Spiller v. HollingerCourt of Appeals of Texas · 1911
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