Hale v. McComas
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. B. B. G-aines. Suit by Y. W. Hale against A. W. McComas and others, to enjoin the enforcement of a judgment rendered against him in favor of A. W. McComas '& Co., on the ground that he had not been served with any process which required him to appear before the justice of the peace who rendered the judgment, and that he had a valid and just defense against the account on which the suit was brought.
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Appeal from Lamar. Tried below before the Hon. B. B. G-aines. Suit by Y. W. Hale against A. W. McComas and others, to enjoin the enforcement of a judgment rendered against him in favor of A. W. McComas '& Co., on the ground that he had not been served with any process which required him to appear before the justice of the peace who rendered the judgment, and that he had a valid and just defense against the account on which the suit was brought. The petition was filed in 1875, and the cause was determined in November', 1877." On final hearing the court dismissed the cause for want of equity in…
1Opinion of the Court
Walker, P. J. Com. App.—
The appellant assigns as error, “the ruling and judgment of the court in dissolving the injunction and dismissing the petition; and in rendering final judgment for defendants McComas & Co. on their original account against plaintiff and his sureties on the injunction bond, without giving the plaintiff an opportunity to be heard in his defense against said account.”
The first of these propositions is decisive of the latter; for, if the injunction was correctly dissolved, for want of equity in the bill, the proper judgment of the court upon that order would be to render…
2Cases cited8 opinions
- County of Anderson v. KennedyTexas Supreme Court · 1883
- Cook v. de la GarzaTexas Supreme Court · 1855
- Willis v. GordonTexas Supreme Court · 1858
- Baldridge v. CookTexas Supreme Court · 1864
- Crain v. GriffisTexas Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Seymour v. HillTexas Supreme Court · 1887
- Austin v. ConawayCourt of Appeals of Texas · 1926
- Love v. PowellTexas Supreme Court · 1886
- O'Donnell v. ChambersCourt of Appeals of Texas · 1914
- Warren v. KohrCourt of Appeals of Texas · 1901
7 more not listed; retrieve them via the Exa API.