Wright v. Thomas
Texas Supreme Court
Error from San Augustine. The plaintiff in error TVright petitioned fho judge of the. District Court for San Augustine county for an injunction to slay an execution upon a judgment recovered against him in that county by the defendant in error. lie gave bond with his enpiaintiffs in error Needham and Lewis as Lis sureties, and thereupon tlie writ issued.
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Error from San Augustine. The plaintiff in error TVright petitioned fho judge of the. District Court for San Augustine county for an injunction to slay an execution upon a judgment recovered against him in that county by the defendant in error. lie gave bond with his enpiaintiffs in error Needham and Lewis as Lis sureties, and thereupon tlie writ issued. At the Fall Term, 1848, of the District Court, thereafter the defendant in the injunction, Thomas, answered, aud moved to dissolve the injunction upon the petition aud answer, which'the court refused. On the 21st day of October, 1848, the…
1Opinion of the CourtWheeler, J.
In respect to the first and second grounds of error assigned it is only necessary to say that we see nothing in the ease to exeuse the plaintiff from the necessity of appearing and prosecuting his suit, or to prevent the court fiom dismissing it for the want of prosecution, or to entitle the plaintiff to have it reinstatad’after it had been so discussed. These points are deemed too clear upon the facts of the case to require illustration.
But the remaining objection to the judgment is not so clear for the appel-lees.
The case iiad been dismissed for the want of prosecution. The defendant bad…
2Cited by4 opinions
- First Natl. Bank of Houston v. FoxTexas Supreme Court · 1931
- Bear Bros. & Hirsch v. Marx & KempnerTexas Supreme Court · 1885
- Dixon v. ZadekTexas Supreme Court · 1883
- Bayless v. AlstonTexas Commission of Appeals · 1881