Western v. Wood
Texas Supreme Court
Appeal from Harris Comity. The appellant, Western, obtained an order from a district judge to enjoin a judgment rendered against him in the district court of Harris county, in favor of the appellee.
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Appeal from Harris Comity. The appellant, Western, obtained an order from a district judge to enjoin a judgment rendered against him in the district court of Harris county, in favor of the appellee. The bill praying the injunction alleged that the original suit in which the judgment for the appellee was rendered was instituted while he, the appellant, was in the service of the government; that before the trial he made an affidavit in the city of Austin, Travis county, where he was employed by the government, for a continuance of the cause, on account of the absence of a material witness, who…
1Opinion of the Court
Hemphill, O. J.
This is an appeal from a decree dismissing a petition praying an injunction against a judgment, recovered at a former term of the district court.
An affidavit for a continuance had been filed at a former trial by the appellant, but by the admission of the appellant himself it appears that no action was had thereupon; no motion was made for a continuance grounded on the affidavit or otherwise, and the right of trial by jury being waived, the cause was submitted to the court for adjudication. The matters set forth in the petition furnished no sufficient ground for the…
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- Keller v. CommissionerUnited States Tax Court · 1982
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