Legal Opinion

Meyers v. Hambrick

Court of Appeals of Texas

Decided April 16, 1914No. 1304PublishedCited by 2 opinions

Appeal from District Court, Dallas County; J. C. Roberts, Judge. Suit by J. C. Hambrick against E. G. Meyers, trustee, and others. From a judgment for plaintiff, defendants appeal. Reversed, and cause dismissed.

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Appeal from District Court, Dallas County; J. C. Roberts, Judge. Suit by J. C. Hambrick against E. G. Meyers, trustee, and others. From a judgment for plaintiff, defendants appeal. Reversed, and cause dismissed. By a suit commenced in the county court at law of Dallas county, February 13, 1909, E. G. Meyers, as trustee for the A. G. Elliott Paper Company, sought a recovery against one R. E. Grabel on a promissory note for $33.33%, and against appellee Hambrick on certain promissory notes made by said Ham-brick to said Grabel, held by said Meyers as trustee to secure the payment of said note…

1Opinion of the CourtWillson, C. J.

(after stating the facts as above). [1,2] It appears that the suit was to enjoin the enforcement of a judgment of the county court at law of Dallas county. It does not appear from the record before us that that judgment was void. Therefore, to give effect to' article 4653 of the Revised Statutes of 1911, we must reverse the judgment appealed from, on the ground that the district court of Dallas county was without power to render it. The article of the statutes referred to, in part, is as follows: “Writs of injunction granted to stay proceedings in a suit, or execution on a judgment, shall be…

2Cases cited6 opinions

  1. G. Seligson & Co. v. CollinsTexas Supreme Court · 1885
  2. Adoue v. WettermarkCourt of Appeals of Texas · 1900
  3. Broocks v. LeeCourt of Appeals of Texas · 1908
  4. Manire v. WilkinsonCourt of Appeals of Texas · 1911
  5. Smith v. MorganCourt of Appeals of Texas · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Thacher Medicine Co. v. TrammellCourt of Appeals of Texas · 1925
  2. Cotulla State Bank v. HerronCourt of Appeals of Texas · 1920

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