Coleman v. Zapp
Court of Appeals of Texas
Appeal from District Court, McLennan County; Marshall Surratt, Judge. Petition for scire facias by Helen Zapp and another for entry of a judgment nunc pro tunc and to revive the same. Prom a judgment awarding the petitioners the relief sought, Kate Coleman, the judgment debtor, appeals. In 1898 Helen Zapp and her husband, Hugo Zapp, recovered a money judgment against Winnie Clark, now Kate Coleman, in the district court of McLennan county.
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Appeal from District Court, McLennan County; Marshall Surratt, Judge. Petition for scire facias by Helen Zapp and another for entry of a judgment nunc pro tunc and to revive the same. Prom a judgment awarding the petitioners the relief sought, Kate Coleman, the judgment debtor, appeals. In 1898 Helen Zapp and her husband, Hugo Zapp, recovered a money judgment against Winnie Clark, now Kate Coleman, in the district court of McLennan county. In 1902 an execution was issued upon that judgment and levied upon certain personal property. At that time Kate Coleman had become the wife of Stewart…
1Opinion of the Court
KEY, O. J.
(after stating the facts as above). We have reached the conclusion that the judgment in this case should be affirmed; and, while all others have received due consideration, we will limit this opinion to a discussion of what we deem the more important questions presented and discussed in the briefs of the respective parties.
1. We are of opinion that statutory limitation had no application to this proceeding, which is not the beginning of a suit upon a. cause of action, but, in so far as the statute of limitation is concerned, is a continuation of a suit already begun. We are also of…
2Cases cited4 opinions
- Burnett v. StateTexas Supreme Court · 1855
- Wright v. RaglandTexas Supreme Court · 1857
- Campbell v. WilsonTexas Supreme Court · 1851
- Hamilton-Brown Shoe Co. v. WhitakerCourt of Appeals of Texas · 1893
3Cited by7 opinions
- City of Houston v. Muse, Texas Court of Appeals, 1st District (Houston)1990
- Kostura v. KosturaCourt of Appeals of Texas · 1971
- Gulf Oil Co. U. S. v. First National Bank of HerefordCourt of Appeals of Texas · 1973
- Durst v. ParkCourt of Appeals of Texas · 1943
- Cook v. Waco Auto Loan Co.Court of Appeals of Texas · 1927
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