Foster v. Shephard
Texas Supreme Court
Error from Harrison. ' The facts are sufficiently indicated in the opinion and the head' notes. The judgment enjoined was against one J. B. Foster as his individual debt, and he was one of the plaintiffs in this injunction suit; but he was only a plaintiff fro forma, being the hus^ band of J. V. Foster, one of the legatees of Sanders, the deceased partner .of Shephard.
1Opinion of the CourtOgden, J.
The plaintiffs in error in this cause commenced suit against defendant in error, in the district court, by injunction. Defendant filed a motion to dismiss the injunction for want of equity in the petition, which motion was sustained by the court. The injunction was dissolved, and a judgment was rendered against all the plaintiffs and their securities on the injunction bond, for the amount of the original judgment, the collection of which was sought to be resti-ained, and execution ordered for the judgment and costs, without requiring the plaintiff in the original judgment to execute a…
2Cases cited1 opinion
- State v. JordanTexas Supreme Court · 1854