McFarland v. Mooring

Citations

• 56 Tex. 118
• 1882 Tex. LEXIS 5

Syllabus

<p>1. Certainty.— The same particularity in pleading is not required in a motion to quash a writ of possession, and the return of the sheriff thereon, made in the case in which relief is sought and in regard to a matter of record therein, as would be in ordinary cases.</p> <p>2. Want of certainty in motion, cured how.1—The want of certainty in a motion to quash a writ of possession, and the return of the officer thereon, in not sufficiently describing the judgment on which the writ issued, and the manner in which the writ was executed, is cured by the answer of the officer, if it fully describes the judgment, and the manner in which the writ was executed.</p> <p>3'. Supersedeas.—The filing of a petition in error by an executrix, and its service on the officer, having a writ of possession issued under the judgment against her operates as a supersedeas, and the subsequent execution by that officer of the writ of possession is an abuse of the process of the court, which, as between the parties, may be corrected by motion, if the same be filed in a reasonable time.</p>