Schmidtke v. Miller

Citations

• 71 Tex. 103
• 8 S.W. 638
• 1888 Tex. LEXIS 1108

Syllabus

<p>1. Scire Facias—Venue.—Scire facias to revive a judgment is a continuation of the same suit and the jurisdiction is where the original judgment was rendered, regardless of the residence of the defendants.</p> <p>S. Same—Parties Defendant.—Upon a defendant dying in a proceeding to revive a money judgment the legal representatives are necessary parties, aad the heirs are only proper parties in such suit where there is shown to be no admistration nor need of one.</p> <p>3. Claims Against Estates.—The statutes of the State provide that such claims should be enforced through the probate courts.</p> <p>4. Heir—Assets.—Judgment upon a money claim against the ancestor should not be rendered against heirs unless they received assets from the ancestor, as in absence of assets no liability exists.</p>