54 Tex. 505 | Tex. | 1881
The statute in force at the time of the rendition of the judgment against Joseph Pauska, the affirmance of the same, and the issuance of
The record clearly shows that Fanny Pauska was the executrix under the will of Joseph Pauska; that the same was an independent will, coming within the provisions of the above articles. That said will had been duly probated, and that she had qualified as such executrix and had returned an inventory of the property of the estate; and as such executrix she voluntarily appeared before the supreme court, and made herself as such a party, and prosecuted the appeal. In the case of Rogers v. Harrison, 44 Tex., 169, the court held that the property in the hands of such executor is hable to execution in the same manner as any other property which may be administered under a power. It is provided in effect by art. 1371, Paschal’s Digest, that when the supreme court affirms the judgment of the district court, the mandate shall be filed in the court below, and the clerk shall, without further order of the district court, issue execution thereon.
. In this case, the mandate of the supreme court was filed in the district court, and the clerk, without further order of the court, issued the execution thereon.
There is nothing in article 1371, quoted above, that pre
Reversed and remanded.
• [Opinion delivered March 21, 1881.]