Cooke v. Burnham
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. C. A. Frazier. This is an old case, remaining on the docket of this court since 1861. From the opinion of the court and the argument of counsel, the facts are easily deduced.
1Opinion of the CourtMorrill, C. J.
Appellant sued out an injunction restraining the defendant from proceeding to enforce a judgment obtained before a justice of the peace. The petition discloses that the seiwice was had by publication in a neAvspaper fourteen days only previous to the judgment; and charges the same to be avoid. The ansAver does not deny the charge, but seeks to set up in avoidance that the plaintiff knew that the judgment had been rendered, and did not seek to restrain it within a given limit, etc. The court dismissed the injunction, from Avhieh plaintiff appealed. We conceive the court erred. Taking the facts…
2Cited by7 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Glass v. SmithTexas Supreme Court · 1886
- Smith v. GivensCourt of Appeals of Texas · 1936
- Thompson v. BohannonTexas Supreme Court · 1873
- Parker v. WattCourt of Appeals of Texas · 1915
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