Buie v. Crouch

Citations

• 37 Tex. 53

Syllabus

<p>On a judgment of a justice of the peace, rendered in 1861, execution was sued out in 1869, and was levied on the property of the defendant in execution. On the justice’s docket an entry appeared, dated in 1864, to the effect that the judgment was then paid in Confederate money. After the levy in 1869, the defendant in the execution obtained an injunction from the district judge, upon petition alleging the payment in Confederate money, dormancy, etc. The plaintiff in execution answered that the Confederate money payment was illegal and void, and that the debt was unpaid and subsisting; and prayed that his judgment, if dormant, be revived, etc. Held, that the District Court did not err in perpetuating the injunction. It had no jurisdiction to revive the dormant judgment of a justice of the peace ; and in the absence of allegation and proof by the plaintiff in execution, that the Confederate money payment was without his authority or consent, the injunction was also properly sustained on the ground of payment.</p>