Jones v. Stallsworth
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. D. M. Prendergast. Injunction suit brought by H. R. Jones et al. against N. Stallsworth, as justice of the peace, to enjoin him from issuing any process, talcing any affidavits, or hearing and determining any cases that may arise, for the enforcement of an “Act for the protection of the farming interests of the state, passed May 16,1873.” The petition alleged that an election had been had, as contemplated by the statute referred…
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Appeal from Falls. Tried below before the Hon. D. M. Prendergast. Injunction suit brought by H. R. Jones et al. against N. Stallsworth, as justice of the peace, to enjoin him from issuing any process, talcing any affidavits, or hearing and determining any cases that may arise, for the enforcement of an “Act for the protection of the farming interests of the state, passed May 16,1873.” The petition alleged that an election had been had, as contemplated by the statute referred to, resulting in the adoption of the law by the people to whom it was submitted.; that petitioners and others (who were…
1Opinion of the Court
Walker, P. J. Com. App.
There is no merit in the plaintiffs’ petition for injunction; the judge ought to have refused to grant it; but having- done so, the court properly dissolved the injunction and dismissed the cause.
“Every judge is supreme and independent in his own sphere, and cannot be restrained in the discharge of his functions by the process of injunction.” High on Inj., sec. 46; Sanders v. Metcalf, 1 Tenn. Oh., 419. Proceedings at law will not be enjoined on the ground of want of jurisdiction in the court in which the proceedings are instituted. Nor will equity enjoin proceedings in…
2Cited by5 opinions
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- Massa v. Guardian Trust Co.Court of Appeals of Texas · 1924
- Deanna Laney v. State, Texas Court of Appeals, 12th District (Tyler)2007