Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 259
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1875.] ALAYLOR, KNAPP & Co. v. FORE. 259
Opinion of the Court.
'i portion of the claim is due, granting such an injunction as to
" a portion of it; or upon condition that the plaintiff shall pay
"into court whatever sum is due upon the judgment, with
This is the very remedy which Fore sought, as indicated by
the allegations and prayer of his petition. There was a full
trial of the matters alleged, including his discharge, which'
was set out in his pleading, and given in evidence before the
jury. The verdict was general in favor of the plaintiff, and if
judgment should have been rendered at all for Fore in the case,
as to which it is not now necessary to express any opinion, it
should have been rendered in accordance with the finding of
the jury, and a perpetual injunction should have been decreed
restraining Taylor, Knapp & Co. from executing the judgment
The whole matter had been fully investigated in the trial, and
there could be no practical object in having the same matters
litigated in another trial, nor does anything appear in the case
to show that any such thing was contemplated by either of
the parties, the jury, or the court, until the judgment was rendered,
awarding a new trial of the case, No. 39, of Taylor
Knapp & Co. v. Fore & Shelton, which leaves the case incomplete,
and without a final judgment in this suit for injunction
instituted by Fore.
The writ of error must therefore be dismissed, that the court
below may render a final judgment upon the case, as made by
the pleadings and verdict thereon, in accordance with this opinion
; when the parties interested may adopt such appellate remedy
as they maybe entitled to in the premises.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/267/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .