Barta v. Loessin

BAUGH, Justice.

The appeal is from judgment of the district court r.efusing appellant’s application for an injunction to restrain the Sheriff of Fayette County from sale of appellant’s property under execution issued out of the justice court of Precinct No. 7, Fayette County, Texas. The application was made on the ground that the judgment on which the execution issued was void.

The judgment attacked was rendered by a special justice of the peace of Precinct No. 7, on August 17, 1940, in favor of Emil ICana against Leon J. Barta, by default, for $8.42. After that suit was filed and citation…