Heirs of Simpson v. Trimble

Citations

• 44 Tex. 310

Syllabus

<p>1. Judgment fob costs.—A judgment for costs against tlie successful plaintiff, made at a term subsequent to the final judgment in his favor, on a motion by the officers of the court, and served on the attorneys in the principal suit, is a nullity, and an execution and sale under such judgment are also nullities.</p> <p>2. Execution fob. costs against the successful plaintiff.— If an execution be authorized under Paschal’s Dig., art. 3831, against the successful party for costs by him incurred, such execution, under the statute, must be issued to the county of his residence ; and an execution issued to any other county for such costs, in absence of a judgment against him, would be a nullity, and purchasers under such execution would take nothing.</p>