Watson v. Newsham
Texas Supreme Court
Error from Travis. Tried below before the Hon. Thomas H. DuYal. The petition alleged that the judgment was obtained Sept. 28th, 1853 ; original execution issued Dec. 1st, 1853, returned no property ; alias execution issued Jan. 25th, 1854, on which some property was sold ; and that the pluries execution, which the plaintiff sought to enjoin, was issued June 11th, 1855. It did not appear when the alias was returned, but it was returnable according to law on the first Monday…
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Error from Travis. Tried below before the Hon. Thomas H. DuYal. The petition alleged that the judgment was obtained Sept. 28th, 1853 ; original execution issued Dec. 1st, 1853, returned no property ; alias execution issued Jan. 25th, 1854, on which some property was sold ; and that the pluries execution, which the plaintiff sought to enjoin, was issued June 11th, 1855. It did not appear when the alias was returned, but it was returnable according to law on the first Monday in March, 1854. The judgment was in Travis District Court.
1Opinion of the CourtLipscomb, J.
This was a suit brought by the defendant in error, for an injunction, to enjoin an execution sued out against Mm by the plaintiff in error, and to enjoin a sale of property *438on which the execution was levied. The injunction was granted, and citation served on the plaintiff in error, who failed to answer and the injunction was perpetuated. The petition alleges as the main ground on which the injunction is prayed, that the execution was issued after more than twelve months had elapsed from the issuance of the former execution. The execution purported to be a pluries. The plaintiff in er-for…
2Cited by14 opinions
- Seymour v. HillTexas Supreme Court · 1887
- Jones v. WoottonTexas Commission of Appeals · 1921
- Western Lumber Co. v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1915
- San Antonio Paper Co. v. MorganCourt of Appeals of Texas · 1932
- Hadad v. EllisonCourt of Appeals of Texas · 1926
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