Williams v. Bradbury
Texas Supreme Court
Error from Brazoria. The plaintiff, Williams, filed his petition in February, 1852, praying an injunction to restrain the execution of the judgment, and for general relief.
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Error from Brazoria. The plaintiff, Williams, filed his petition in February, 1852, praying an injunction to restrain the execution of the judgment, and for general relief. Tlie judgment sought to be enjoined was rendered against the petitioner and McKinney, in March, 1843; and the petition alleged the payment thereon of two certain sums, one of $042, in April, and oue of $500, in March, 1844. It further sought to charge the plaintiff iu the judgment with sums alleged to have been collected by his attorneys upon claims placed in their hands for that purpose, and to he applied in satisfaction…
1Opinion of the CourtWheelbr, J.
It is urged, in support of the demurrer, that the application for an injunction was not in time, and the statute prescribing the time within which an injunction to stay an execution upon a judgment may be granted is relied on. (Hart. Dig., art. 1500.)
The statute manifestly lias no application to an injunction sought for causes which have arisen subsequent to the rendition of the judgment, as payment and satisfaction, release, &c. Kor is the statute of limitations applicable to payments. It cannot, therefore, he objected that the injunction in tiffs case was not applied for in time.
Note 83. —…
2Cited by11 opinions
- Brown v. First Nat. Bank of CorsicanaCourt of Appeals of Texas · 1915
- Taylor v. American Trust & Savings BankCourt of Appeals of Texas · 1924
- McFadden v. SchillTexas Supreme Court · 1892
- Southern Kansas Ry. Co. of Texas v. LockhartCourt of Appeals of Texas · 1911
- Whitehead v. WickerCourt of Appeals of Texas · 1926
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