Gruner v. Westin

Citations

• 66 Tex. 209
• 18 S.W. 512
• 1886 Tex. LEXIS 484

Syllabus

<p>1. Article 7005 Paschal’s Digest construed—Art. 7005, P. D., means that if there be no legal obstacle to restrain the issuance of an execution at any time during the year following the time at which, under the general provisions of the law, execution may first issue, the failure to issue it within one year shall render the lien acquired through the judgment inoperative.</p> <p>2. Article 1493, Paschal’s Digest—A compliance with art. 1493, P. D., had the effect originally of suspending the right of the adverse party to seize and sell property, and thereby have satisfaction of his judgment, pending an appeal; but it -is apparent from the decisions that a bond so executed was not, within the meaning of the law, a supersedeas bond. (Cases reviewed.)</p> <p>3. Supersedeas bond—A supersedeas bond, under the decisions of this state, is one which suspends the right of the judgment creditor, in case of a judgment for money, to have process by which the property of the judgment debtor may be seized and subjected to sale, pending an appeal; or which suspends the right to have the ordinary fruits of a judgment in other classes of cases, and to have the process by which alone these can be obtained.</p> <p>4. Act of june 4, 1873—Art. 3772, P. D., regulated the issuance of executions; providing that execution might issue at the close of the term at which the judgment was rendered, or sooner, in certain specified cases, unless the adverse party had filed and had approved by the clerk, a “supersedeas bond for appeal or writ of error.”</p> <p>5. Same—Execution—The word “ execution,” as used in that law, when considered in reference to a judgment for money, meant such process as would authorize the seizure and sale of the judgment debtor’s property in order to satisfy the judgment—the final process by which the judgment might be carried into complete effect.</p> <p>6. Same—Effect—Paschal’s Digest, article 1493—Under the act of June 4, 1873, P. D., art. 3772, no bond except a supers