24 Tex. 358
Decided July 1, 1859
Texas Supreme Court · decided 1859-07-01
<p>A dormant judgment against two joint defendants, cannot be revived as to one of them alone, without joining the other in the proceeding for that purpose, or his legal representatives, if he have died since the rendition of the judgment; a judgment rendered on a scire facias, against the survivor in such case, will be reversed.</p>
Cited by 1 later decisions — most recently October 1950
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1859-07-01
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¶1The court below erred in overruling the demurrer *359of the defendant, Henderson, to the plaintiff’s petition. The administrator of Edward H. Tarrant, deceased, should have been made a party to the suit to revive the judgment. For the law of this case, it is only necessary to refer to the case of Austin v. Reynolds, 13 Texas Rep. 544. The judgment of the court below is reversed and cause remanded.
¶2Reversed and remanded.