Long v. Smith
Texas Supreme Court
Appeals from Washington. Tried below before the Hon. I. B. McFarland. These two cases, Nos. 735 and 736, grow out of the sainé subject matter and are in reality the same. In No. 735 suit was brought in the county court under the act of 1866, by D. 0. Smith, who alleges that he had been doing business under the name of D. C. Smith & Co., against W. C. Long, for an account.
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Appeals from Washington. Tried below before the Hon. I. B. McFarland. These two cases, Nos. 735 and 736, grow out of the sainé subject matter and are in reality the same. In No. 735 suit was brought in the county court under the act of 1866, by D. 0. Smith, who alleges that he had been doing business under the name of D. C. Smith & Co., against W. C. Long, for an account. After proceeding some time, an amended petition was filed, stating that W. C. Long had been a member of the firm of D. C. Smith & Co., and that he had sold his interest in the account against defendant to said D. C. Smith.…
1Opinion of the CourtWalker, J.
This was a proceeding by injunction to restrain the collection of a judgment rendered in the County Court of Washington county.
The prayer of the petition was based upon the allegation that Long, the plaintiff, had appealed from the judgment of the County Court to the District Court, and that his appeal had been erroneously dismissed. The remedy by injunction is granted by courts of equity where the courts of law cannot give relief. Ho case of this kind was made out, and the injunction was improperly granted; if improperly granted, it was properly dissolved. If the plaintiff had suffered wrong…
2Cases cited13 opinions
- Ecoles v. HillTexas Supreme Court · 1854
- Chandler v. FultonTexas Supreme Court · 1853
- Smith v. RyanTexas Supreme Court · 1858
- Price v. WileyTexas Supreme Court · 1857
- McNeill v. HallmarkTexas Supreme Court · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Price v. SmithCourt of Appeals of Texas · 1937
- Davis v. ChalfantCalifornia Supreme Court · 1889
- Denton v. DentonMississippi Supreme Court · 1899
- Farmers' & Shippers' Leaf Tobacco Warehouse Co. v. PridemoreWest Virginia Supreme Court · 1904
- Sutton v. Bower & PerkinsSupreme Court of Iowa · 1904
2 more not listed; retrieve them via the Exa API.