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9 Tex. 119

Beardsley v. Hall

Texas Supreme Court

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

Beardsley and Adriance obtained a judgment against Hall iu 1840. An execution was issued and placed in the hands of Robert Stevenson, sheriff. At the foot of tins execution, in the transcript of tlie record, were written these words : “ Came to hand April 8th, 1S40, and “ executed.” The margin contained a note by the clerk, u Indorsement of the' “sheriff,” hut the name of the sheriff was not signed.

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

How this case has been cited

Cited by 3 later decisions — most recently January 1926

3 state decisions

1018521860187018801890190019101920decided

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.

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Wheulbu, J.

¶1Tlie act of 1846 (Hart. Dig-., art. 1599) lias reference to the granting of an injunction for causes existing at the time of the rendition of the judgment. It could not have been intended to embrace a ease like tlie present, where the injunction was sought upon tlie ground of a payment and satisfaction of tlie judgment. The fourth instruction asked by the defendant was rightly refused. The statute of limitations had no proper application (o the case.

¶2Tlie deposition of the witness Lynch was permitted to go to tlie jury without objection. The objection to its admissibility comes now too late. Though tlie facts deposed to may not have been binding upon tlie plaintiffs in execution as an estoppel, yet it was competent for tlie jury to infer from them tlie fact of a legal payment and satisfaction of the execution when in the bands of tlie sheriff.' When a payment was spoken of it was reasonable io infer that a payment in money was intended. The question of fact was for tlie determination of the jury.

¶3It is immaterial in our practice whether tlie present be regarded as a proceeding to enjoin execution or to obtain an entry of satisfaction of tlie judgment. Tlie prayer for general relief was sufficient to-authorize the judgment.

¶4Wo are of opinion that there is no error in the judgment and that it be affirmed.

¶5Judgment affirmed.

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