Willis v. Gordon
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Fielding Jones. This action was brought in the court below, by a petition for an injunction,'to enjoin several judgments, obtained by defendant in error against plaintiff in error, before a justice of the peace, upon several promissory notes.
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Error from Gonzales. Tried below before the Hon. Fielding Jones. This action was brought in the court below, by a petition for an injunction,'to enjoin several judgments, obtained by defendant in error against plaintiff in error, before a justice of the peace, upon several promissory notes. The grounds complained of were, that the plaintiff in error, who was defendant in the suits before the justice of the • peace, by whom said judgments were rendered, was not legally served with citations, and had no notice of the pendency of the suits against him, until after the rendition of the judgments;…
1Opinion of the CourtRoberts, J.
Plaintiff in error complains that, having sustained his injunction, as to the judgments in the Justice’s Court, on account of the want of service of process, it was error in the District Court to render judgment on the notes set up in defendant’s answer, as the notes upon which the justice’s judgments were rendered.
The court acted correctly, on the principle well recognized in courts of equity, that having acquired jurisdiction of the cause, the full merits of the controversy, as presented by either party, would be adjudicated. This was decided in a similar case at this term. (Bourke v.…
2Cited by18 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. WareTexas Supreme Court · 1889
- Patton v. CoxTexas Supreme Court · 1904
- Missouri Pacific Railway Co. v. HaynesTexas Supreme Court · 1891
- Seymour v. HillTexas Supreme Court · 1887
- Masterson v. AshcomTexas Supreme Court · 1881
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