Legal Opinion

Smith v. Wilson

Texas Supreme Court

Decided February 24, 1898No. Application No. 1741. Application No. 1742PublishedCited by 7 opinions

Application for writs of error to the Court of Civil Appeals for the First District, in an appeal and writ of error from Houston County.

1Opinion of the Court

GAINES, Chief Justice.

These two applications may be disposed of in the same opinion.

The principal applicant—Smith—brought suit against the defendant in the application—Wilson—and prayed a writ of injunction, which was granted. He gave bond in the sum of $300 with his co-applicants as his sureties. The defendant pleaded in reconvention, claiming damages for the wrongful issue of the writ, of the plaintiff and the sureties on the injunction bond. The plaintiff dismissed his suit, and the cross-action was dismissed with it, but was subsequently reinstated. A trial resulted in a judgment in favor…

2Cases cited1 opinion

  1. Galveston, Harrisburg & San Antonio Railway Co. v. WareTexas Supreme Court · 1889

3Cited by7 opinions

  1. Penn v. Texas Yellow Pine Lumber Co.Court of Appeals of Texas · 1904
  2. Rosen v. PhelpsCourt of Appeals of Texas · 1913
  3. Penney v. BoothCourt of Appeals of Texas · 1920
  4. Martin v. JeffriesCourt of Appeals of Texas · 1913
  5. Watson v. EvansCourt of Appeals of Texas · 1917

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