Phelan & Co. v. Wiley
Phelan & Co. v. Wiley
Opinion of the Court
Opinion by
§ 735. Limitation; proceeding to supply destroyed judgment, barred when; casé stated. On May 24, 1879, Wiley & Botson obtained a judgment against Phelan & Co. On February 4, 1880, said judgment and the record in the cause were destroyed by fire. On February 15, 1884, they commenced this proceeding under the statute [E. S. arts. 4236, 4287, 4288, 4289], to supply, restore and reinstate said judgment and record. Phelan & Co., by special exception, set up the statute of limitation of four years, which exception was overruled, and judgment; rendered supplying, restoring, etc., the destroyed judgment, etc. Held: The statute providing for the supplying of lost records is not intended to in any manner affect any other remedy, but to afford an additional remedy to any provided by other laws. [R. S. art. 4287; Craddock v. Scarborough, 54 Tex. 846.] No time is specified in the statute itself within which the right to the particular remedy afforded by it may be enforced as to judgments destroyed. The only limitation mentioned in it is that which provides that original papers which have been preserved where the records have been destroyed, • may, within four years after the records have been destroyed, be again recorded, so as to preserve the force and effect of the original registration. [E. S. art. 4292.] There is, however, a general statute of limitation as follows: “Every action, other than for the recovery of real
Eeversed and dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.