Stein v. Frieberg, Klein & Co.
Texas Supreme Court
Appeal from "Uvalde. Tried below before the Hon. Thomas M. Paschal. Frieberg, Klein & Co., on the 23(1 day of June, A. D. 1884, obtained judgment by default against the appellant in a justice court of Uvalde county, in a suit wherein they were plaintiffs, for the sum of $64.75 debt, with $1.30 interest, together with costs.
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Appeal from "Uvalde. Tried below before the Hon. Thomas M. Paschal. Frieberg, Klein & Co., on the 23(1 day of June, A. D. 1884, obtained judgment by default against the appellant in a justice court of Uvalde county, in a suit wherein they were plaintiffs, for the sum of $64.75 debt, with $1.30 interest, together with costs. Execution under the judgment was levied on one gray mare, the property of the appellant, of the alleged value of $150. Stein, on the 21st July, 1884, presented his petition to the district judge, praying for a writ of injunction to restrain the appellees from selling the…
1Opinion of the Court
Willie, Chief Justice.
The petition for injunction sets forth facts which, if true, show that the property levied on was exempt from execution by the laws of our state. R. S., art. 2335.
It asked that "the writ of injunction be issued by the district court to prevent a sale of the property so illegally seized under execution. The judge granted a temporary writ, but upon demurrer dismissed the cause, because, as the judge held, the court had not jurisdiction to finally hear and determine it.
If the court in so holding meant to decide that it could not take jurisdiction of the suit because the…
2Cases cited2 opinions
- County of Anderson v. KennedyTexas Supreme Court · 1883
- Alexander v. HoltTexas Supreme Court · 1883
3Cited by24 opinions
- City of Dallas v. WrightTexas Supreme Court · 1931
- Missouri Pacific Railway Co. v. HaynesTexas Supreme Court · 1891
- Callaghan v. TobinCourt of Appeals of Texas · 1905
- Seymour v. HillTexas Supreme Court · 1887
- Austin v. ConawayCourt of Appeals of Texas · 1926
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