Windisch v. Gussett
Texas Supreme Court
Appeal from Nueces. The case was tried before Hon. Benjamin F. Neal, one of the district judges. The petition for injunction stated that the judgment was rendered against the applicant at the fall term, 1866, for $473 73, in gold and silver currency; that the service was had, the writ not being stamped; the judgment was wrong, being in coin; and that execution had been sued out. . The defendant answered, and moved to dissolve in vacation, under the act of 16thDecember, 1863,…
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Appeal from Nueces. The case was tried before Hon. Benjamin F. Neal, one of the district judges. The petition for injunction stated that the judgment was rendered against the applicant at the fall term, 1866, for $473 73, in gold and silver currency; that the service was had, the writ not being stamped; the judgment was wrong, being in coin; and that execution had been sued out. . The defendant answered, and moved to dissolve in vacation, under the act of 16thDecember, 1863, (Paschal’s Dig., Art. 3934,) and the injunction was dissolved, (in term,) upon which the petitioner appealed.
1Opinion of the CourtMorrill, C. J.
On 2d April, 1867, plaintiff applied for, and obtained from the judge of the district court, an injunction to restrain the sheriff of Eueces county from executing a fieri facias issued by virtue of a judgment rendered at the fall term, 1866, of the district court of said county, against him, and in favor of Gussett, for $471 73, in gold or silver, or its equivalent in United States currency.
The causes for injunction were:
1. That there was no legal service.
2. That the judgment should have been for legal-tender notes of the United States..3. That by virtue of the acts of 1866, an execution…
2Cited by3 opinions
- Long v. SmithTexas Supreme Court · 1873
- Smith v. DunlavyTexas Supreme Court · 1869
- Flournoy v. HealyTexas Supreme Court · 1869