Carter v. Griffin
Texas Supreme Court
Error from Dallas. Tried, below before the Hon. A. B. Horton. In their petition for injunction, A. W. Carter and J. P. Lawrence alleged that E. H. H. Griffin, who was plaintiff in the judgment in the Justice’s Court, “ had no such cause of action against them, and that no process was ever served upon them.”
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Error from Dallas. Tried, below before the Hon. A. B. Horton. In their petition for injunction, A. W. Carter and J. P. Lawrence alleged that E. H. H. Griffin, who was plaintiff in the judgment in the Justice’s Court, “ had no such cause of action against them, and that no process was ever served upon them.” A preliminary injimetion having been granted, it was dissolved at the Spring term (1869) of the Dallas District Court, on the motion of the defendant, who was plaintiff in the judgment enjoined. The motion was on account of the insufficiency of the petition; and an unsworn answer was filed…
1Opinion of the CourtMorrill, C. J.
This was a petition for injunction, filed In 1868, upon a judgment rendered in a Justices’ Court in 1860, because there was no service.
As the petition does not negative the appearance and waiver of service of defendant in the Justice’s Court, and as it appears affirmatively that the defendant caused the judgment to be stayed in the Justice’s Court, and as it is not averred that injustice has been done, the presumptions are in favor of the correctness of the judgment of the Justice’s Court.
The plaintiff excepts to the judgment of the District Court, whereby the injunction was dismissed on…
2Cited by12 opinions
- Harding v. PearsonTexas Commission of Appeals · 1932
- Gillis v. RosenheimerTexas Supreme Court · 1885
- Birchfield v. BourlandCourt of Appeals of Texas · 1916
- Ft. Worth & D. C. Ry. Co. v. CraigCourt of Appeals of Texas · 1915
- Weaver v. EmisonCourt of Appeals of Texas · 1913
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