Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 205
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1884.] MoRRIS v. EDWARDS.. 205
Statement of the case.
SAMUEL MORRIS V. W. L. EDWARDS ET AL.
(Case No. 1713.)
1. INJUNCTION.-Where the petition on its face does not show diligence on the
part of thb one asking for an injunction, it is not error to refuse the relief
sought.
2. SAME - AUTHORITIES CITED AND APPROVED.- Nevins v. McKee, 61 Tex., 412;
Contreras v. Haynes, 61 Tex., 104; Johnson v. Templeton, 60 Tex., 238;
Schleicher v. Markward, 61 Tex., 102; Montgomery v. Carleton, 56 Tex.,
431; Plummer v. Power, 29 Tex., 14; Snow v. Hawpe, 22 Tex., 168; Burnley
v. Rice, 21 Tex., 183, cited.
ERROR from Anderson. Tried below before the Hon. Peyton F.
Edwards.
This was an original injunction suit brought by plaintiff in error
against Henry A. Fields and others, the defendants in error, seeking
to perpetually enjoin them from selling a tract of land levied on as
the property of Fields, by virtue of an execution issuing out of a
justice's court in favor of defendant in error, and against plaintiff
in error, basing his right to issue the execution on a judgment obtained
July 29, 1876, for $198.45, before Henry Fields, as justice of the
peace. The following grounds, amongst others, were the basis of
the relief sought: 1st. Because the pretended judgment upon which
the justice based his authority to issue execution was never written
by Henry Fields. 2d. Because Fields never signed the judgment
as written, or other judgment in favor of Edwards. 3d. Because
the process was not issued in the name of the state. 4th. Because,
if there ever was a judgment, the same has become dormant; and
5th. Because Henry Fields and others were never parties to the pretended
judgment.
Plaintiff in error sought to avoid the judgment upon the following
grounds, viz.: That W. L. Edwards, for the use of Barnes &
Wright, brought his suit before Henry Fields, a justice of the peace
for Anderson county, to the July term, A. D. 1876, of said court,
against Samuel Morris, on a written obligation executed by Morris
to Mary E. Dismukes, on the 31st day of December, 1874. The
obligation due to Mary E. Dismukes, twelve months from the date
thereof, for the sum of $400, for the rent of her separate estate
and farm in Anderson county, Texas. That the obligation was
made payable to Mary E. Dismukes by the direction of her husband,
who said at the time that he desired to keep his wife's business and
his separated. That, prior to the marriage of Mary E. Dismukes to
George W. Dismukes, he had contracted with her at said price for
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/227/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .