Meader Co. v. Aringdale

Citations

• 58 Tex. 447
• 1883 Tex. LEXIS 45

Syllabus

<p>1. Quashing an execution.— An execution cannot be quashed after it has performed its functions and has been returned by the sheriff.</p> <p>2. Execution.— A claimant of property seized under execution will not be heard to assert its invalidity unless it be void.</p> <p>3. Same.—An execution issued on a dormant judgment is not void, but voidable merely.</p> <p>4. Motion to quash Execution.— Only such defects as are apparent on the face of an execution, and the records on which the questions presented by a motion to quash the execution arise, can be reached by such motion.</p> <p>5. Same.— A third party desiring to attack the validity of an execution which is voidable only should do so by direct pleading, or exceptions filed in the nature of a demurrer to the sufficiency of evidence, in case the supposed defect renders it void, or by tendering an issue of fact under the direction of the court. Unless the execution be attacked in some such way, no presumption will be indulged in favor of a judgment declaring the invalidity of the execution, notwithstanding there is neither statement of facts or bill of exceptions in the transcript.</p>