Legal Opinion

Patton v. Cox

Texas Supreme Court

Decided January 18, 1904No. 1253PublishedCited by 46 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Cox and others sued Patton and others and had judgment enjoining an execution issued against them for costs of a previous suit. Defendants appealed, and on affirmance obtained writ of error.

1Opinion of the Court

BROWN, Associate Justice.

The defendants in error obtained from the judge of the District Court of McLennan County a writ of injunction to restrain the plaintiffs in error, and the sheriff of that county, from enforcing an execution issued out of the said court in the cause styled George M. Patton, Executor, against John P. Cox et al., for collection of costs which accrued in that cause but were not taxed in the bill'of costs at the time-the judgment was settled. The case was tried before the judge of that court, who filed the following conclusions of fact:

“1. I find that the case formerly…

2Cases cited4 opinions

  1. Murphy v. StellTexas Supreme Court · 1875
  2. Seymour v. HillTexas Supreme Court · 1887
  3. Willis v. GordonTexas Supreme Court · 1858
  4. Lockart v. StucklerTexas Supreme Court · 1878

3Cited by46 opinions

  1. Scott v. TownsendTexas Supreme Court · 1914
  2. Scott v. TownsendTexas Supreme Court · 1914
  3. Reaugh v. McCollum Exploration Co.Texas Supreme Court · 1943
  4. May v. BrownTexas Supreme Court · 1945
  5. Ashley v. UsherTexas Supreme Court · 1964

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