Clegg v. Darragh
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. ¥m. H. Stewart. This was an original proceeding begun by appellant July 3, 1884, for injunction against a judgment rendered against him as surety. On ¡November 21, 1884, the court sustained demurrers and exceptions to the petition, dissolved the injunction and dismissed the petition, and from this judgment this appeal was taken.
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Appeal from Galveston. Tried below before the Hon. ¥m. H. Stewart. This was an original proceeding begun by appellant July 3, 1884, for injunction against a judgment rendered against him as surety. On ¡November 21, 1884, the court sustained demurrers and exceptions to the petition, dissolved the injunction and dismissed the petition, and from this judgment this appeal was taken. The material facts alleged in the petition are substantially as follows : That on February 13, 1880, defendant Darragh recovered judgment in the county court of Galveston county against P. H. Hennesy and J. W.…
1Opinion of the Court
Willie, Chief Justice.
The basis of the relief sought against Darragh in this case is the alleged unauthorized execution of the claim bond by a party purporting to be the attorney of the principal in the bond.
As to whether or not this would be a good defense to a suit upon such a bond as against an obligee who had no notice of any defect in the manner of its execution, it is unnecessary for us to consider in the present case.
There is some conflict of authority upon the point when it arises upon an official bond, or one taken in the course of judicial proceedings, some courts holding that it is…
2Cases cited4 opinions
- Johnson v. TempletonTexas Supreme Court · 1883
- Guild v. ThomasSupreme Court of Alabama · 1875
- Ross v. ListerTexas Supreme Court · 1855
- Seely v. PeopleIllinois Supreme Court · 1862
3Cited by11 opinions
- McCamant v. McCamantCourt of Appeals of Texas · 1916
- Thomas v. GoldbergCourt of Appeals of Texas · 1926
- Love v. PowellTexas Supreme Court · 1886
- White v. PowellCourt of Appeals of Texas · 1905
- Williams v. BorchersCourt of Appeals of Texas · 1922
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