Twichell v. Askew
Court of Appeals of Texas
Appeal from Potter County Court; W. M. Jeter, Judge. Action by W. D. Twiehell against W. A. Askew and others to reform a judgment and to restrain the enforcement thereof until reformed. From a judgment denying relief, plaintiff appeals.
1Opinion
On Rehearing.
[5] Appellant insists in his motion for rehearing that, if the judgment is void in part, then it is necessarily void as a whole, and that, if it is void in whole, it is not obligatory upon him to tender any part thereof before he would be entitled to an injunction restraining its execution. The rule in this state is that a judgment may be void in part and valid in all other respects. Hollis v. Dashiell, 52 Tex. 187; Butler v. Holmes, 68 S. W. 52.
[6] We think the decree of the county court, in so far as it adjudicates the questions of liability of all the co-obligors upon the note…
2Cases cited2 opinions
- Hollis v. DashiellTexas Supreme Court · 1879
- Butler & Bowman v. Holmes & McPhersonCourt of Appeals of Texas · 1902