Halcomb v. Kelly
Texas Supreme Court
Appeal from Coryell. Tried below before the Hon. Thomas Nugent. The appellee, Kelly, sought by his petition to enjoin a judgment against himself, rendered in a justice’s court, in favor of Halcomb, for $10 and costs.
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Appeal from Coryell. Tried below before the Hon. Thomas Nugent. The appellee, Kelly, sought by his petition to enjoin a judgment against himself, rendered in a justice’s court, in favor of Halcomb, for $10 and costs. Kelly alleged that he held a valid promissory note against Halcomb for $40, which he had filed and pleaded in offset against Halcomb’s $10 account, but that his defense was disregarded and judgment rendered for Halcomb as above stated; that he filed an appeal bond with the justice of the peace, who approved it within ten days after the rendition of judgment; that the justice…
1Opinion of the Court
Walker, P. J. Com. App.
There is no evidence in the case upon which can be predicated the judgment or decree perpetuating the temporary injunction which was granted. The statement of facts shows, in effect, that in a justice’s court the defendant Halcomb sued the plaintiff on an account for $10, against which Kelly pleaded in offset the $40 note which is set up in this injunction suit; that the jury found for Halcomb; that Kelly asked for a new trial because the jury “ ignored ” his offset and rendered judgment against him; that he then appealed to the district court, and gave bond for appeal.…
2Cases cited2 opinions
- Long v. SmithTexas Supreme Court · 1873
- Bills v. ScottTexas Supreme Court · 1878
3Cited by2 opinions
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- A. B. Richards Medicine Co. v. DaleCourt of Appeals of Texas · 1927