Legal Opinion

McKenzie v. Withers

Texas Supreme Court

Decided November 13, 1918No. 2543PublishedCited by 32 opinions

Error to the Court of Civil Appeals for the Sixth District, in an. appeal from Tarrant County. Action was brought by William Linden against Mrs. Withers and another, for injunction to restrain sale of land under execution. Judgment was rendered dissolving the injunction and awarding recovery in favor of Mrs. Withers against plaintiff and J. M. and E. W. McKenzie, the sureties on her injunction bond, for the amount of the debt of which collection had been restrained.

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Error to the Court of Civil Appeals for the Sixth District, in an. appeal from Tarrant County. Action was brought by William Linden against Mrs. Withers and another, for injunction to restrain sale of land under execution. Judgment was rendered dissolving the injunction and awarding recovery in favor of Mrs. Withers against plaintiff and J. M. and E. W. McKenzie, the sureties on her injunction bond, for the amount of the debt of which collection had been restrained. From this judgment the sureties appealed. The Court of Civil Appeals dismissed their appeal on the ground that the judgment…

1Opinion of the CourtChief Justice Phillips

Under the Act of the Thirty-fifth Legislature establishing a Commission of Appeals, this cause was heretofore referred to section B of the Commission by the Supreme Court. It has been duly heard and considered by the Commission. Its report and conclusions upon the case embodied in a written opinion by Presiding Judge Montgomery, together with the record, have been fully examined by us and the judgment recommended by the Commission has our approval. The cause will be disposed of accordingly.

We take this occasion to announce that in causes referred to the Commission of Appeals our approval of…

2Cited by32 opinions

  1. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  2. Stephens County v. Mid-Kansas Oil & Gas Co.Texas Supreme Court · 1923
  3. Hager v. StakesTexas Supreme Court · 1927
  4. Ewing, Ind. Exs. v. Wm. L. Foley, Inc.Texas Supreme Court · 1926
  5. Citizens' Nat. Bank of Brownwood v. Texas Compress Co.Court of Appeals of Texas · 1927

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