Lyons Bros. Co. v. Corley
| Decision Date | 25 February 1911 |
| Citation | 135 S.W. 603 |
| Parties | LYONS BROS. CO. et al. v. CORLEY. |
| Court | Texas Court of Appeals |
Appeal from Angelina County Court; J. T. Maroney, Judge.
Action by E. P. Corley against the Lyons Bros. Company and another. From a judgment enjoining the enforcement of an execution, defendants appeal. Reversed and judgment rendered for defendants, setting aside the injunction and dismissing the cause.
Bertrand & Arnold and W. J. Townsend, Jr., for appellants.
This was a suit for injunction brought in the county court of Angelina county by E. P. Corley against Lyon Bros. Company, residents of, and doing business in, Bexar county, and W. V. Watts, sheriff of Angelina county, to restrain and perpetually enjoin the enforcement of a certain execution then in the hands of said sheriff, issued upon a judgment of the justice court of precinct No. 1 of Bexar county for $29.70, besides $5.65 costs, and further perpetually to enjoin any proceedings to collect said judgment. A temporary injunction was issued as prayed for by the county judge, and on final hearing judgment was rendered perpetually enjoining the enforcement of the execution, and also perpetually enjoining the said Lyons Bros. Company from taking any steps to enforce said judgment. From this judgment the defendants appeal. No briefs for appellee have been filed.
The allegations of the petition first set out the facts relating to the cause of action in the suit against appellee by Lyon Bros. Company in the justice court of Bexar county, and facts alleged as a defense thereto, which need not be more specifically set out further than the statement that such facts would have constituted a good defense to the action. The petition then states that suit was instituted on this cause of action in the justice court of precinct No. 1, Bexar county; that citation was issued and served upon appellee; that he had an attorney prepare a plea of privilege to be sued in Angelina county, the county of his residence, which he sent to the justice of the peace; that he supposed that upon the plea the venue would be changed to Angelina county; that he had no one to represent him in said justice court; and that judgment was rendered against him in that court for $29.70 besides $5.65 costs, of which he had no knowledge until the execution referred to was presented to him by the sheriff of Angelina county. It was further averred that the execution is not accompanied by a certificate of the county clerk of Bexar county, nor attested by his certificate, that the justice issuing the execution was a justice of the peace of Bexar county. There is a prayer for injunction restraining the enforcement of this execution and also any proceedings to enforce the judgment.
Appellants filed a plea in abatement to the jurisdiction of the court on the grounds that the county court was...
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...relief. In such cases, an injunction cannot be made to serve the purpose of an appeal, as is attempted in this case. Lyons Bros. Co. v. Corley (Tex. Civ. App.) 135 S. W. 603; Pye v. Wyatt (Tex. Civ. App.) 151 S. W. 1086; Careker v. Dill (Tex. Civ. App.) 140 S. W. 843; Galveston, H. & S. A. ......
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McKinney v. Texas Life Ins. Co., 13046.
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