Martin v. Sykes
Texas Supreme Court
Error , from Bexar. The case was tried before Hon. Edmund J. Davis, one of the district judges. This is a suit by the plaintiff in error to enjoin a judgment and decree of sale in favor of defendant in error. Plaintiff in error brought suit against M. L. Menck, Geo. M. Martin, and M. J. Martin; service was accepted, and judgment obtained, with a decree of foreclosure of mortgage on a house and lot.
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Error , from Bexar. The case was tried before Hon. Edmund J. Davis, one of the district judges. This is a suit by the plaintiff in error to enjoin a judgment and decree of sale in favor of defendant in error. Plaintiff in error brought suit against M. L. Menck, Geo. M. Martin, and M. J. Martin; service was accepted, and judgment obtained, with a decree of foreclosure of mortgage on a house and lot. An order of sale was issued, and the plaintiff in .error sued out an injunction to enjoin the judgment and the sale, alleging that the house and lot were her homestead, and that she had been…
1Opinion of the CourtRoberts, J.
—The court below did not err in dissolving the injunction, and rendering judgment against the complainant and the sureties on her injunction bond. The judgment is erroneous as to the sureties, inasmuch as it is rendered for a much greater amount than the bond given • by them, as required by the judge. Of that error, however, they have not complained; and, therefore, there is no good ground presented for a reversal of the judgment against her, she being liable, without reference to the bond, for the amount of the original debt and damages thereon. (Hendrick v. Cannon, 5 Tex., 248.) The…
2Cases cited1 opinion
- Hendrick v. CannonTexas Supreme Court · 1849
3Cited by10 opinions
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- Weaver v. EmisonCourt of Appeals of Texas · 1913
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