Public-domain · open source
OpenJurist

24 Tex. 193

North v. Swing

Texas Supreme Court

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Tried below before the Hon. Nat. M. Burford. This was an injunction suit brought by Matthias L. Swing, Greorge W. Barnett, and Alexander Harwood, against John North, John Chase, and Thomas North, on the 30th of July, 1859, to enjoin an execution which had issued on the 21st of April, 1859, upon a judgment in favor of the defendants, against the plaintiffs, for the sum of $865.29, rendered on the 28th day of January, 1857. Ho execution had previously issued on the judgment.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

How this case has been cited

Cited by 3 later decisions — most recently February 1941

3 state decisions

101859186018701880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Wheeler, C. J.

¶1As more than a year had elapsed from the rendition of the judgment, and no execution had issued thereon, the judgment had lost its lien, and become dormant. It required to be revived, in order to authorize the issuance of execution. As this was not done, the execution in question was unauthorized, and was therefore rightly enjoined. This will not prevent the plaintiffs in execution, from proceeding to revive their judgment, and have execution. If, in their answer, they had sought a revival of the judgment, it might, perhaps, have been so adjudged in this ease. (Cyrus v. Hicks, 20 Texas Rep. 483.) But, upon the case, as presented, there is no error in the judgment, and it is affirmed.

¶2Judgment affirmed.

/24/tex/193 · .json · Public domain