Miller v. Clements
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. John P. White. Suit by injunction by plaintiff in error to restrain the collection of a monied judgment.
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Error from Gonzales. Tried below before the Hon. John P. White. Suit by injunction by plaintiff in error to restrain the collection of a monied judgment. It is alleged in the petition for injunction, that, pending a suit in the district court of Gonzales county by defendant in error against his former guardian, upon his bond, the plaintiff in error (who was one of the sureties) was duly declared a bankrupt, and proceedings were stayed in the cause for several year; that afterwards the bankrupt made no further appearance in the cause, and that finally judgment was rendered against him for the…
1Opinion of the Court
Quinan, Commissioner.
1. The injunction issued in this case was properly dissolved. It issued more than a year after the rendition of the judgment it enjoins. The judgment was rendered on November 10, 1870. The petition was filed January 30, 1875. Pasch. Dig., art. 3931.
2. Nor is any good reason shown why the writ was not sooner sued out. He charges neither fraud nor false promises practiced or made by the plaintiffs in the judgment.
3. Nor was the judgment a nullity by reason of anything he has alleged. The suit against him was instituted in 1865. It remained pending and was continued from…
2Cases cited4 opinions
- Flanagan v. PearsonTexas Supreme Court · 1874
- Coffee v. Ball, Hutchins & Co.Texas Supreme Court · 1878
- Portis v. ParkerTexas Supreme Court · 1852
- Pryor v. EmersonTexas Supreme Court · 1858
3Cited by13 opinions
- Claudine Hall v. Sylvia GarsonCourt of Appeals for the Fifth Circuit · 1970
- Harvey Company Limited v. BradenCourt of Appeals of Texas · 1924
- Lindley v. EasleyCourt of Appeals of Texas · 1932
- Pinkard v. P. J. Willis & Bro.Court of Appeals of Texas · 1900
- Mansfield v. RamseyCourt of Appeals of Texas · 1917
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