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ROSS v. AMERICAN RADIATOR & STANDARD SAN. CORP.

No. 18261.

507 S.W.2d 806 (1974)

George W. ROSS, Appellant, v. AMERICAN RADIATOR & STANDARD SANITARY CORPORATION, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 7, 1974.

Attorney(s) appearing for the Case

Gary Allmon Grimes, Leake, Schuerenberg & Grimes, Mesquite, for appellant.

Jay J. Madrid, Matthews & Matthews, Dallas, for appellee.

CLAUDE WILLIAMS, Chief Justice.

This appeal presents the sole question of validity vel non of a judgment which was attempted to be revived by the issuance of an alias execution. We hold that the alias execution was not "issued" within ten years from the date of issuance of the previous execution as required by Vernon's Tex.Rev.Civ.Stat.Ann. art. 3773 (Vernon 1966).1 We reverse the trial court's decree declaring the judgment to be valid...

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