Odom v. McMahan
Texas Supreme Court
Appeal from Newton. Tried below before the Hon. W. H. Ford. Appellee brought this suit in the district court of Newton county April 3, 1885, to restrain the enforcement of a judgment for fifteen dollars rendered March 14, 1885, in a justice court, in favor of appellant and against appellee.
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Appeal from Newton. Tried below before the Hon. W. H. Ford. Appellee brought this suit in the district court of Newton county April 3, 1885, to restrain the enforcement of a judgment for fifteen dollars rendered March 14, 1885, in a justice court, in favor of appellant and against appellee. The petition alleged that on December 15, 1884, M. D. Hines sued W. W. Trotti for sixty-six dollars and sixteen cents, and at the same time sued out a writ of garnishment against appellee; that on January 17, 1885, appellee answered the writ, admitting an indebtedness to Trotti of fifteen dollars, and on…
1Opinion of the Court
Willie, Chief Justice.
The court below should have dissolved the injunction issued in this cause. The appellees had every opportunity of pleading and proving, in defense of Odom’s suit, all the matters which he set up in his bill or proved upon the trial of this cause, as grounds for restraining the judgment of the justice’s court. The amount in controversy was less than twenty dollars, and the judgment of a justice of the peace in such a case is made final by the statutes. They did not intend that the justice’s decision in such a case should be subject to review in another court, or that…
2Cited by14 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. DoweTexas Supreme Court · 1888
- Simpson v. McGuirkCourt of Appeals of Texas · 1917
- Mann v. BrownCourt of Appeals of Texas · 1918
- Houston T. C. R. Co. v. YoungCourt of Appeals of Texas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. Coca Cola Co.Court of Appeals of Texas · 1903
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