Banks v. McMahan

Appellant filed her petition August 16, 1912, to enjoin a judgment rendered in the county court of Ward county, Tex., May 3, 1910. Appellee filed his exception to the said petition because it showed upon its face that the judgment had been rendered more than one year prior to the filing of the suit. The court below, in term time, sustained the exception cm demurrer and dismissed the petition, and from this order of dismissal the plaintiff appealed. Ap-pellee filed his timely motion to dismiss the appeal because no briefs were filed.

Article 1614, Revised Civil Statutes of 1911, and rule 29 of…