Legal Opinion

Janes v. Adm'rs of Reynolds

Texas Supreme Court

Decided December 15, 1847PublishedCited by 24 opinions

A judgment having been rendered in the district court of Harris county against the plaintiff in error, Janes, in favor of the intestate of the defendants, he, Janes, enjoined its execution and gave the other plaintiffs in error, Clapp and All-bright, as his securities in the injunction bond.

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A judgment having been rendered in the district court of Harris county against the plaintiff in error, Janes, in favor of the intestate of the defendants, he, Janes, enjoined its execution and gave the other plaintiffs in error, Clapp and All-bright, as his securities in the injunction bond. The injunction being afterwards dissolved, judgment was entered against the principal obligor and his securities in the injunction bond, for the amount of the original debt, costs, etc., and they sued out their writ of error to reverse this judgment. The grounds upon which the reversal was sought are…

1Opinion of the CourtChief Justice Hemphill

The question presented by the record is, whether on the dissolution of the injunction the court had lawful authority to render summary judgment against the sureties in the bond on which the writ of injunction was issued, and this involves two considerations:

1st. Whether the court has authority in any Case to render judgment without nótiee to the parties on trial by jury, ón *252bonds declared by statute to have on tbeir forfeiture the force and effect of judgment; and

2d. Whether such judgment should have been rendered on the bond given by the plaintiffs in error, for the purpose of obtaining the…

2Cases cited2 opinions

  1. United States v. TingeySupreme Court of the United States · 1831
  2. Speake & Others v. U. StatesSupreme Court of the United States · 1815

3Cited by24 opinions

  1. Clements v. Texas Co.Court of Appeals of Texas · 1925
  2. Brunson v. Dawson State BankCourt of Appeals of Texas · 1915
  3. Mabee v. McDonaldTexas Supreme Court · 1915
  4. Putnam v. PutnamArizona Supreme Court · 1890
  5. State v. StimpsonSupreme Court of Vermont · 1905

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