Alexander v. Holt
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. W. D. Wood. Suit by appellee filed in the district court of Walker county, August 24, 1877, to enjoin the sale of cotton and corn and fodder levied on by a special constable by virtue of an execution issued out of a justice court in that county on a judgment rendered January 6, 1877, in favor of appellant and against appellee, for $35.27, besides interest. A-writ of injunction was granted by the district judge.
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Appeal from Walker. Tried below before the Hon. W. D. Wood. Suit by appellee filed in the district court of Walker county, August 24, 1877, to enjoin the sale of cotton and corn and fodder levied on by a special constable by virtue of an execution issued out of a justice court in that county on a judgment rendered January 6, 1877, in favor of appellant and against appellee, for $35.27, besides interest. A-writ of injunction was granted by the district judge. Appellant excepted to the petition because the court had no jurisdiction, and for want of equity, etc. The court overruled the…
1Opinion of the Court
Willie, Chief Justice.—
The principal question in this case was decided a few days since in The County of Anderson v. Kennedy, and upon'the authority of that decision we must necessarily sustain the action of the district judge in granting the temporary injunction, and in perpetuating it upon final hearing.
The grounds upon which the injunction was asked were the exemption of the property seized from execution, and the want of authority in Cole (who assumed to be acting as special constable) to make the levy.
It is unnecessary to consider the last ground, as, in our opinion, the property levied…
2Cases cited2 opinions
- Cobbs v. ColemanTexas Supreme Court · 1855
- Anderson v. McKayTexas Supreme Court · 1867
3Cited by26 opinions
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- Gulf, Colorado & Santa Fe Railway Co. v. RawlinsTexas Supreme Court · 1891
- Coates v. CaldwellTexas Supreme Court · 1888
- Callaghan v. TobinCourt of Appeals of Texas · 1905
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