Legal Opinion

Ferguson v. Fain

Court of Appeals of Texas

Decided December 16, 1911Published

Appeal from District Court, Lubbock County; L. S. Kinder, Judge. Action by H. C. Ferguson against Mrs. Mattie Fain for an injunction against execution on a judgment rendered in another county against plaintiff herein. From a judgment dissolving a temporary injunction, plaintiff appeals.

1Opinion of the CourtHall, J.

The appellant filed his bill in the district court of Lubbock county to enjoin the execution of a judgment which had been rendered against him in the justice court of Denton county on the 28th day of January, 1901, in a suit wherein appellant was defendant and Mrs. Mattie Fain, appel-lee herein, was plaintiff. Execution was issued on said judgment and placed in the hands of W. H. Flynn, sheriff of Lubbock county. As grounds for the injunction, appellant alleges that the justice court judgment in question had been fully settled and, paid off in the settlement of other litigation subsequently…

2Cases cited10 opinions

  1. Van Ratcliff v. CallTexas Supreme Court · 1889
  2. Leachman v. Capps and CantyTexas Supreme Court · 1896
  3. Adoue v. WettermarkCourt of Appeals of Texas · 1900
  4. Grattan v. MattesonSupreme Court of Iowa · 1879
  5. Lyons Bros. Co. v. CorleyCourt of Appeals of Texas · 1911

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