Legal Opinion

Booth v. Pickett

Texas Supreme Court

Decided June 15, 1880No. Case No. 4036PublishedCited by 5 opinions

Error from Wise. Tried below before the Hon. A. J. Hood. G. B. Pickett brought suit against J. W. Booth, G. P. Jones and L. A. F. Jones, in the district court of Wise county, to revive a judgment by scire facias against them. He alleged that on the 16th day of April, 1875, he recovered a judgment against them for $656.26, and attached a copy thereof to his petition, referring to the same.

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Error from Wise. Tried below before the Hon. A. J. Hood. G. B. Pickett brought suit against J. W. Booth, G. P. Jones and L. A. F. Jones, in the district court of Wise county, to revive a judgment by scire facias against them. He alleged that on the 16th day of April, 1875, he recovered a judgment against them for $656.26, and attached a copy thereof to his petition, referring to the same. From an inspection of that copy, as it appeared in the statement of facts, it appeared that the judgment sought to he revived had been rendered in Wise county by the same court. The petition alleged that the…

1Opinion of the Court

Bonner, Associate Justice.

The first and second assigned errors relate to the alleged error of the court in not sustaining the demurrers of defendants below, Booth et al., to the pleadings of Pickett, plaintiff below.

We do not find these assigned errors to be sustained by the record.

A jury having been waived, the cause, both upon the issues *439of law and fact, was submitted to the court, and judgment generally was rendered for plaintiff Pickett.

The defendants did not demand, as they had the right to do, that a distinct judgment should have been rendered upon their demurrers, and as it appears…

2Cases cited1 opinion

  1. Powers v. CaldwellTexas Supreme Court · 1860

3Cited by5 opinions

  1. Ashcroft v. StephensCourt of Appeals of Texas · 1897
  2. Tillman v. FletcherTexas Supreme Court · 1890
  3. Kelvin Lumber & Supply Co. v. Copper State Mining Co.Court of Appeals of Texas · 1921
  4. Kelvin Lumber & Supply Co. v. Copper State Mining Co.Court of Appeals of Texas · 1918
  5. Kelvin Lumber & Supply Co. v. Copper State Mining Co.Court of Appeals of Texas · 1918

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