Hammonds v. Belcher
Texas Supreme Court
Appeal from Busk. John Belcher, one of the appellees, obtained an injunction to restrain Hammonds, the appellant, from using and carrying on a ferry established by him across the Sabine river in the vicinity of one previously opened by the said appellee.
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Appeal from Busk. John Belcher, one of the appellees, obtained an injunction to restrain Hammonds, the appellant, from using and carrying on a ferry established by him across the Sabine river in the vicinity of one previously opened by the said appellee. This appellee, as principal, with tho other appellees, executed the usual bond preliminary to tho issue of the writ; and the injunction having been dissolved, this suit was brought on the bond to recover damages for wrongfully and vexatiously suing out and prosecuting said writ. Exceptions to the petition were sustained. The on-ly question…
1Opinion of the Court
Hemphill, Ch. J.
The appellant’s counsel has examined the sub-*137jeet with ability and a commendable degree of research, and has suggested points which, if time permitted, would insure a more extended discussion than can be afforded to them.
We cannot assent to his position that the appellant could not, in the first suit, have pleaded by way-of roconventioh the damages arising from the injunction. These grow out of the transaction or claim which furnished the grounds of the suit; they are incidental to it, and maybe pleaded and tried with tlie main cause. This point has been settled in the…
2Cited by6 opinions
- Scale v. TompkinsTexas Supreme Court · 1884
- Buggeln v. CameronArizona Supreme Court · 1907
- Brown's Adm'r v. TylerTexas Supreme Court · 1871
- Gault v. GoldthwaiteTexas Supreme Court · 1871
- Levine v. LindenthallTexas Commission of Appeals · 1881
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