Fessenden v. Barrett
Texas Supreme Court
Appeal from Austin. This was an action, of debt on a judgment. Among other matters, the defendant pleaded, 1st. That neither had he, nor had his intestate, at any time within ten years next before the commencement of the suit, undertaken or promised to pay in manner and form as the plaintiff had complained. 2d. That the deceased intestate of the defendant had, in his lifetime, paid the sum in the petition mentioned, together with all interest and costs. 3d.
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Appeal from Austin. This was an action, of debt on a judgment. Among other matters, the defendant pleaded, 1st. That neither had he, nor had his intestate, at any time within ten years next before the commencement of the suit, undertaken or promised to pay in manner and form as the plaintiff had complained. 2d. That the deceased intestate of the defendant had, in his lifetime, paid the sum in the petition mentioned, together with all interest and costs. 3d. That the deceased intestate of the defendant had, after the accrual of the cause of action to the plaintiff, become a bankrupt, according…
1Opinion of the Court
Hemphimd, Ch. J.
A question has been made relative to the sufficiency of the return, this being signed by the deputy sheriff alone; but the examination of this, as it is not essential to the decision,will be waived.
It has also been contended that the regular succession of executions not having been kept up, and that more than eighteen mouths having elapsed between the issue of the first and the second execution, the latter is void; and this position is, beyond doubt, sustained by the principles decided in the causes of Bennett et ux. v. Gamble, 1 Tex. R., 124, and Scott & Rose v. Allen, Id.,…
2Cited by8 opinions
- Wilcox v. First National BankTexas Supreme Court · 1900
- P. J. Willis & Brother v. StroudTexas Supreme Court · 1887
- Gillam v. MatthewsCourt of Appeals of Texas · 1938
- Dupree v. Gale Manufacturing Co.Texas Supreme Court · 1916
- Mingus v. KadaneCourt of Appeals of Texas · 1939
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