Sharp v. Schmidt & Zeigler
Texas Supreme Court
Error from Anderson. Tried below before the Hon. James J. Perkins. This was a proceeding by Sharp, by injunction, to restrain the sheriff of Bosque county from selling certain sheep and land, under a judgment rendered in 1879 in favor of defendants in error, and against J. A. Robinson, Ed. Sharp et al. The ground for injunction was that in the suit of defendants in error against Julius A. Robinson, Ed. Sharp and others, Ed.
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Error from Anderson. Tried below before the Hon. James J. Perkins. This was a proceeding by Sharp, by injunction, to restrain the sheriff of Bosque county from selling certain sheep and land, under a judgment rendered in 1879 in favor of defendants in error, and against J. A. Robinson, Ed. Sharp et al. The ground for injunction was that in the suit of defendants in error against Julius A. Robinson, Ed. Sharp and others, Ed. Sharp was never cited or notified in any way to answer; that he never appeared or authorized any one to appear for him, and had no knowledge of the pendency of the suit in…
1Opinion of the Court
Willie, Chief Justice.
The injunction in this case was dissolved upon two grounds: 1. Because the petition did not state the character of the defense which the plaintiff in injunction alleged he could establish against the judgment enjoined; and 2. Because all the material allegations of the petition had been denied in the answer.
*265If either of these grounds is shown by the record, to have existed,, the injunction was properly dissolved.
It is fully established by our own decisions, “ that notwithstanding an illegal writ or service of process, a court of equity will not interfere to set aside a…
2Cases cited5 opinions
- Johnson v. TempletonTexas Supreme Court · 1883
- Contreras v. HaynesTexas Supreme Court · 1884
- Foster v. MartinTexas Supreme Court · 1857
- Kitchen v. CrawfordTexas Supreme Court · 1855
- Blum v. GainesTexas Supreme Court · 1882
3Cited by40 opinions
- Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
- Harding v. PearsonTexas Commission of Appeals · 1932
- Winters Mut. Aid Ass'n Circle No. 2 v. ReddinTexas Commission of Appeals · 1932
- Harris v. SchlinkeTexas Supreme Court · 1901
- Brown v. ClippingerTexas Supreme Court · 1923
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