Cook v. J. W. Baldridge & Co.
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon Wesley Ogden. Baldridge et al. sued Cook, in Calhoun county, on February 29,1858. They prayed for and obtained an injunction to a judgment renderd in favor of Cook and against Baldridge, Sparks & Co., in Matagorda county, on April 22, 1858, “in the absence of the attorneys of Baldridge, Sparks The petition shows that Baldridge, Sparks & Co. had previously obtained an injunction, by a suit for that purpose, in Matagorda county,…
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Appeal from Calhoun. Tried below before the Hon Wesley Ogden. Baldridge et al. sued Cook, in Calhoun county, on February 29,1858. They prayed for and obtained an injunction to a judgment renderd in favor of Cook and against Baldridge, Sparks & Co., in Matagorda county, on April 22, 1858, “in the absence of the attorneys of Baldridge, Sparks The petition shows that Baldridge, Sparks & Co. had previously obtained an injunction, by a suit for that purpose, in Matagorda county, which had been dissolved, and that a second judgment had been rendered in favor of Cook, in that county, on April 23,…
1Opinion of the CourtWalker, J.
There was error in- overruling the demurrer and motion of the appellant in the District Court. A district judge can only grant an injunction to stay an execution within one year after judgment has been obtained. (Doss v. Miller, 6 Texas, 340.) Article 3932, Paschal’s Digest, provides that injunctions to .stay proceedings in a suit, or éxecution on a judgment, shall be returnable and tried in the District Court of the county where suit is pending or judgment rendered. Baldridge et al. sought by an injunction sued out in Calhoun county, on'the twenty-ninth of February, 1868, to ■enjoin two…
2Cases cited1 opinion
- Baldridge v. CookTexas Supreme Court · 1864
3Cited by10 opinions
- Carey v. LooneyTexas Supreme Court · 1923
- G. Seligson & Co. v. CollinsTexas Supreme Court · 1885
- Thacher Medicine Co. v. TrammellCourt of Appeals of Texas · 1925
- Hammack v. SchleyCourt of Appeals of Texas · 1916
- Brown v. FlemingCourt of Appeals of Texas · 1915
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