Legal Opinion

Pryor v. Emerson

Texas Supreme Court

Decided July 1, 1858PublishedCited by 9 opinions

Error from Dallas. Tried below before the Hon. Nat. M. Burford. There were three several suits, between the same parties, involving the same questions, to all of which the opinion in this case applies, and in all of which the same judgment was rendered by the Supreme Court. The facts of each case were the same, varied only by the different dates, amounts, &c., referred to in-each; those stated in one case sufficiently serve to illustrate the others.

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Error from Dallas. Tried below before the Hon. Nat. M. Burford. There were three several suits, between the same parties, involving the same questions, to all of which the opinion in this case applies, and in all of which the same judgment was rendered by the Supreme Court. The facts of each case were the same, varied only by the different dates, amounts, &c., referred to in-each; those stated in one case sufficiently serve to illustrate the others. The plaintiff in error filed his petition for injunction, alleging that the defendant in error, on the 25th day of April, A. D. 1857, recovered…

1Opinion of the CourtRoberts, J.

The court did not err in dissolving the injunction, upon motion, for want of equity in the petition. The plaintiff, *165Pryor, complains that the debt, upon which the judgment was rendered in the Justice’s Court, was part of a debt ever one hundred dollars, and that It was divided for the pimpese of giving jurisdiction to the Justice’s Court. He does not show that he did not participate in such division, or that he was deprived of any right or remedy, by the suits having been brought in the Justice’s Court, on the several notes which composed the original debt—as that he had a set-off for over…

2Cases cited5 opinions

  1. Fulgham v. ChevallierTexas Supreme Court · 1853
  2. Lively v. BristowTexas Supreme Court · 1854
  3. Western v. WoodTexas Supreme Court · 1846
  4. Brady v. HancockTexas Supreme Court · 1856
  5. Albright v. MalloryTexas Supreme Court · 1857

3Cited by9 opinions

  1. Decourt v. SproulTexas Supreme Court · 1886
  2. Miller v. ClementsTexas Supreme Court · 1881
  3. Hale v. McComasTexas Supreme Court · 1883
  4. Ferguson v. HerringTexas Supreme Court · 1878
  5. Love v. PowellTexas Supreme Court · 1886

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