Gibson v. Moore
Texas Supreme Court
Appeal from Lampasas. Tried below before the Hon. Ed. H. Yontress. This was a suit by the appellant, against the appellees, praying for an injunction to restrain the appellees and the justice of the peace, from proceeding in a case instituted by the appellees against him, before the said justice, for an alleged unlawful detainer in respect of certain lands, which he alleged had been leased by him from the appellees.
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Appeal from Lampasas. Tried below before the Hon. Ed. H. Yontress. This was a suit by the appellant, against the appellees, praying for an injunction to restrain the appellees and the justice of the peace, from proceeding in a case instituted by the appellees against him, before the said justice, for an alleged unlawful detainer in respect of certain lands, which he alleged had been leased by him from the appellees. The appellant, in his petition, alleged that his defence to said action was of an equitable character, cognizable alone in a Court of Chancery, and as to which the said justice of…
1Opinion of the Court
Wheeler, Ch. J.
It is very clear, that matter which will constitute a defence, of which a party may avail himself in a suit pending against him, cannot be made the ground of an injunction to restrain proceedings in the suit. (York v. Gregg, 9 Tex. Rep. 85; Prewitt v. Perry, 6 Id. 260.) Accordingly, *614it has been held, that want of jurisdiction in a justice, to try an action of forcible entry and detainer, would not be a ground for an injunction to restrain the plaintiff from proceeding in the case, because it would be a good defence to the action before the justice; and if denied, the defendant…
2Cases cited3 opinions
- Smith v. RyanTexas Supreme Court · 1858
- York's Adm'r v. Gregg's Adm'xTexas Supreme Court · 1852
- Chadoin v. MageeTexas Supreme Court · 1857
3Cited by24 opinions
- Holcomb v. LorinoTexas Supreme Court · 1935
- McGlothlin v. KliebertTexas Supreme Court · 1984
- Galveston, Harrisburg & San Antonio Railway Co. v. DoweTexas Supreme Court · 1888
- Pavey v. McFarlandCourt of Appeals of Texas · 1921
- Free v. Burgess & SonTexas Supreme Court · 1911
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