Legal Opinion

Delaune v. Beaumont Irr. Co.

Court of Appeals of Texas

Decided April 1, 1911PublishedCited by 2 opinions

Error from District Court, Jefferson County; L. B. Hightower, Jr., Judge. Suit by the Beaumont Irrigating Company against A. Delaune. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMcMEANS, J.

This is a suit by the Beaumont Irrigating Company by scire facias to revive a judgment theretofore rendered in its favor against A. Delaune. 'Judgment was rendered against Delaune by default, and he brings the case to this court by writ of error.

Plaintiff in error complains (1) that the judgment rendered upon scire facias does not identify nor describe the land recovered in the former judgment so as to authorize a writ of possession to issue; (2) that the judgment rendered in pursuance of the scire facias does not revive the original judgment without which no writ of possession or execution…

2Cases cited4 opinions

  1. Bryan v. ShirleyTexas Supreme Court · 1880
  2. Croom v. WinstonCourt of Appeals of Texas · 1898
  3. Camp v. GainerTexas Supreme Court · 1852
  4. Perkins v. HumeTexas Supreme Court · 1853

3Cited by2 opinions

  1. Sias v. BerlyCourt of Appeals of Texas · 1950
  2. Sias v. BerlyCourt of Appeals of Texas · 1950

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