Johnson v. Skipworth

Citations

• 59 Tex. 473
• 1883 Tex. LEXIS 202

Syllabus

<p>1. Venue.— In an action of debt on a judgment, the same being an original proceeding and not a mere continuation of a former suit, the proper venue is the county of defendant’s residence. Distinguished from Perkins v. Hume, 10 Tex., 50.</p> <p>2. Practice — Pleading.— In such an action, when the recovery was sought on a destroyed judgment, it was not necessary that the averment of the amount of the former recovery should be sworn to.</p> <p>3. Statute construed — Destroyed judgments.— Art. 4289, R. S., in regard to lost or destroyed judgments, was not designed to prohibit the setting up and proving the former existence and contents of a lost judgment as at common law, but was cumulative of the remedy already existing.</p> <p>4. Evidence.— Evidence of the loss and destruction of a record is not restricted to such as may be furnished by its custodian at the time of its loss or destruction, but may be supplied by one having knowledge of the fact that it once existed and was lost or destroyed.</p>