Riddle v. Turner

Citations

• 52 Tex. 145
• 1879 Tex. LEXIS 123

Syllabus

<p>1. Judgment—Practice.—Under the statute, a plaintiff seeking the recovery of a moneyed judgment against several defendants, may discontinue as to one defendant who has not been served, and proceed as to those served. In such case, the absence from the record of an order showing a discontinuance as to the party not served, cannot, after judgment against the other defendants, be taken advantage of in a collateral proceeding.</p> <p>2. Judgment collaterally attacked—Purchaser—Execution. —The issuance of an execution on a dormant judgment is not such an irregularity as will, of itself, render invalid, on a collateral attack by a stranger to the judgment, the purchase made at sheriff’s sale by the attorney for the judgment creditor.</p>