Legal Opinion

Ellis v. Bingham

Court of Appeals of Texas

Decided October 17, 1912PublishedCited by 14 opinions

Appeal from District Court, Hopkins County; R. L. Porter, Judge. Injunction suit by G. S. Ellis against E. N. Bingham, constable, and others. From a judgment dissolving a temporary injunction, plaintiff appeals.

1Opinion of the CourtHodges, J.

This is an application by thé appellant for an injunction to restrain the appellee, as constable, from seizing and selling, by virtue of an execution, a crop .of cotton, which at the time was ungathered and claimed by the appellant. The validity of the execution is not attacked; but the levy and sale- are objected to upon the ground that the property seized was cotton growing and ungathered upon premises claimed by the appellant as his homestead. On October 26, 1911, the application-was presented to the district judge in chambers, and a temporary restraining order was granted, commanding the…

2Cases cited8 opinions

  1. Dority v. DorityTexas Supreme Court · 1903
  2. Wheatley v. GriffinTexas Supreme Court · 1883
  3. Silberberg v. TrillingTexas Supreme Court · 1891
  4. Tignor v. ToneyCourt of Appeals of Texas · 1896
  5. Moore & Rollow v. GrahamCourt of Appeals of Texas · 1902

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Cleveland v. MilnerTexas Commission of Appeals · 1943
  2. Cleveland v. MilnerTexas Supreme Court · 1943
  3. Gann v. MontgomeryCourt of Appeals of Texas · 1948
  4. Capitol Aggregates, Inc. v. WalkerCourt of Appeals of Texas · 1969
  5. First Nat. Bank of Kaufman v. DismukesCourt of Appeals of Texas · 1922

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