Friedlander v. Ehrenworth
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Everett Lewis. Ehrenworth. brought this suit against Friedlander and others on the 1st day of February, 1876. He sued as one of the sureties on the bond of Dora Morris, administratrix of Carl Morris, deceased, who was also a defendant in this case.
Read the full summary
Appeal from Colorado. Tried below before the Hon. Everett Lewis. Ehrenworth. brought this suit against Friedlander and others on the 1st day of February, 1876. He sued as one of the sureties on the bond of Dora Morris, administratrix of Carl Morris, deceased, who was also a defendant in this case. The object of the suit was to reach in the hands of Friedlander certain articles of merchandise formerly belonging to the estate of Morris, and which it was alleged had been fraudulently and collusively sold and delivered by the administratrix to appellant, her brother. It was charged that appellant…
1Opinion of the Court
Watts, J. Com. App.
It does not follow as a matter of course, that where the answer denies all the material allegations of the petition, that a preliminary injunction will be dissolved. The true doctrine is so clearly and forcibly stated by Mr. High in his most excellent work on Injunctions, vol. 2, sec. 1508, that an extract therefrom is deemed appropriate. He says: “To the general rule that a preliminary injunction will be dissolved on the coming in of the answer fully denying the equities of the bill, there are numerous exceptions, based upon recognized principles of equity, which may not…
2Cited by7 opinions
- Harris v. ThomasCourt of Appeals of Texas · 1920
- Porter v. JohnsonCourt of Appeals of Texas · 1911
- Putnam v. Capps & CantyCourt of Appeals of Texas · 1894
- Genitempo v. AndersonCourt of Appeals of Texas · 1922
- Canales v. CanalesCourt of Appeals of Texas · 1916
2 more not listed; retrieve them via the Exa API.