Abilene Independent Telephone & Telegraph Co. v. Williams
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an appeal from Taylor County. The Abilene Ind. Telephone & Telegraph Co. brought suit for injunction restraining the' enforcement by execution against it of a judgment by default recovered by Williams, in which it was improperly described as the Abilene Ind. Telephone Co., defendant. Yerdict and judgment was for plaintiff under a peremptory instruction to find in its favor.
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Error to the Court of Civil Appeals for the Second District, in an appeal from Taylor County. The Abilene Ind. Telephone & Telegraph Co. brought suit for injunction restraining the' enforcement by execution against it of a judgment by default recovered by Williams, in which it was improperly described as the Abilene Ind. Telephone Co., defendant. Yerdict and judgment was for plaintiff under a peremptory instruction to find in its favor. Defendants appealed and the judgment was reversed and rendered in their favor, denying the injunction sought (168 S. W., 402). Appellee, the company, then…
1Opinion of the CourtJustice Greenwood
This suit involves the single inquiry as to the binding effect of a judgment by default upon a corporate defendant, intended to be sued, and actually served with citation which showed it was the identical party from whom a recovery was sought, where the defendant is misnamed in the petition, citation and judgment.
The object of the suit, which was brought by the plaintiff in error, Abilene Independent Telephone and Telegraph Company, against defendants in error, John Williams and the sheriff of Taylor County, was to enjoin the collection from the plaintiff in error of a judgment of the…
2Cases cited8 opinions
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Southern Pacific Co. v. Block Bros.Texas Supreme Court · 1892
- Parry v. WoodsonSupreme Court of Missouri · 1863
- Stanford v. TaylorSupreme Court of the United States · 1856
- McGhee v. RomatkaTexas Supreme Court · 1898
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3Cited by55 opinions
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- MATTHEWS TRUCKING CO. v. SmithTexas Supreme Court · 1984
- West v. JohnsonCourt of Appeals of Texas · 1939
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