Manning v. Hunt
Texas Supreme Court
Error from Rusk. Tried below before the Hon. J. B. Williamson. The only material facts are indicated in the opinion and head-notes.
1Opinion of the CourtWalker, J.
The appellant, if he had any wrongs to redress in the justice’s court, had a complete remedy at law by appeal or certiorari, and the petition for injunction shows no sufficient reason for the loss of his remedy at law. The injunction should not have been granted.
The appellant himself suggested the bankruptcy of Hamilton, and moved the continuance of the case to make the assignee a *119party; he cannot, therefore, complain that Hunt, the assignee, came in and made himself a party.
The question as to Hunt being the assignee of Hamilton, could not be raised by general demurrer, but only by plea in…
2Cited by3 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. WareTexas Supreme Court · 1889
- Garner v. SmithTexas Supreme Court · 1874
- Fidelity Trust Co. of Houston v. Highland Farms Corp.Court of Appeals of Texas · 1937