Pillow v. Thompson
Texas Supreme Court
Error from Navarro. Tried below before the Hon. Henry J. Jewett. The petition, filed March 10th, 1856, alleged that in June, 1854, plaintiff (who is also plaintiff in error) signed a note as surety for one Benjamin J. Fortson in favor of Gideon P. Thompson, administrator of James R. Thompson’s estate; that said Gideon brought suit against said Fortson and petitioner, at the Spring Term, 1855, of said county; that petitioner employed no attorney to represent him; that without…
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Error from Navarro. Tried below before the Hon. Henry J. Jewett. The petition, filed March 10th, 1856, alleged that in June, 1854, plaintiff (who is also plaintiff in error) signed a note as surety for one Benjamin J. Fortson in favor of Gideon P. Thompson, administrator of James R. Thompson’s estate; that said Gideon brought suit against said Fortson and petitioner, at the Spring Term, 1855, of said county; that petitioner employed no attorney to represent him; that without the consent of petitioner, said Benjamin J. Fortson entered into a contract with said Gideon to let judgment go by…
1Opinion of the CourtRoberts, J.
This is a petition for injunction. It was excepted to on the grounds that the plaintiffs in error, who were parties to the judgment enjoined, acquiesced in the judgment more than twelve months, and that the bond is defective.
By the first ground defendants are understood to invoke the benefit of the provision of the statute concerning injunctions, which prescribes that “ no injunction to stay an execution shall be granted but within six months after the judgment is obtained,” &e. (Hart. Dig. Art. 1599.)
The petition shows that the judgment complained of was rendered at the Spring Term, 1855, of…
2Cited by2 opinions
- Jordan v. CorleyTexas Supreme Court · 1874
- Ryall v. GriffinTexas Commission of Appeals · 1879