McManus v. Cash & Luckel

• Decision Date: 22 May 1908
• Citation: 111 S.W. 240
• Court: Texas Court of Appeals
• Parties: McMANUS et al. v. CASH & LUCKEL.

111 S.W. 240

McMANUS et al. v. CASH & LUCKEL.

Court of Civil Appeals of Texas.

May 22, 1908.

On motion for rehearing. Motion granted.

For former reports, see 108 S. W. 798, and 108 S. W. 800.

PLEASANTS, C. J.

In accordance with the opinion of the Supreme Court in answer to certified questions propounded to them in this cause (McManus v. Cash & Luckel, 108 S. W. 798, 20 Tex. Ct. Rep. 711), appellees' motion for rehearing is granted, and the judgment dismissing appellees' suit heretofore rendered by this court is set aside, and judgment is now rendered dissolving the injunction issued by the court below, in so far as it affects the interests of defendant McManus and the interveners, Lovejoy and Malevinsky, in the judgment sought to be enjoined, and making said injunction perpetual as to the interest of defendant Moore in said judgment. The appellants, McManus, Lovejoy, and Malevinsky, have filed motions for rehearing, asking that their interests in said judgment be fixed, and that this court render judgment against the appellees and the sureties on their injunction bond.

The uncontradicted evidence shows that Lovejoy and Malevinsky are the owners of one-half of the judgment sought to be enjoined, and that of the remaining one-half the appellant McManus is entitled to $175, expenses incurred in obtaining said judgment, with 6 per cent. interest from the date of said judgment, and to one-half of the remainder of said judgment. The motions of appellants are granted to the extent that judgment will be here rendered fixing their interests as above indicated. We are not authorized, under the pleadings and evidence in this case, to render judgment against the appellees and the sureties on their injunction bond for the amount of appellants' interest in said enjoined judgment. The injunction having been dissolved as to these appellants, they can enforce the execution of the original judgment to the extent of their interest therein.