Bullock v. Ballew
Texas Supreme Court
Appeal from Grimes. This was an action brought in September, 1851, upon 'a judgment recovered by the plaintiff against the defendant in the District Court of Grimes county, at the' Pall Term, 184S. The plaintiff set out the judgment and averred that it was in force, not reversed, satisfied, or otherwise vacated, and that he had not obtained execution thereupon.
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Appeal from Grimes. This was an action brought in September, 1851, upon 'a judgment recovered by the plaintiff against the defendant in the District Court of Grimes county, at the' Pall Term, 184S. The plaintiff set out the judgment and averred that it was in force, not reversed, satisfied, or otherwise vacated, and that he had not obtained execution thereupon. The defendant excepted to the petition and answered, denying that there was an}'' sufficient and legal record of the proceedings had against him, or of ■any legal j udgment; and that the pretended j udgment was irregular and defective,…
1Opinion of the CourtWheeler, J.
The second section of the act of limitations (Hart. Dig., art. 2378) expressly recognizes the right to revive a judgment b y scire facias, or an ■action of debt, where execution has not issued within twelve months from the rendition of judgment. The present is substantially an aetipn of debt, brought ■on the judgment, in the language of the statute, “to revive” it. In effect", it is not materially different from'a scire facias brought to revive a judgment. In an action of debt the judgment for the plaintiff is, that he recover his debt, &c. In a scire facias, it is simply that he have…
2Cases cited1 opinion
- Griswold v. StewartNew York Supreme Court · 1825
3Cited by9 opinions
- Coleman v. ZappTexas Supreme Court · 1912
- James v. AppelSupreme Court of the United States · 1904
- Fitzgerald v. Evans & HuffmanTexas Supreme Court · 1880
- Walker v. ChattertonTexas Commission of Appeals · 1920
- Collin County Nat. Bank v. HughesCourt of Appeals of Texas · 1913
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