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: 285
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1875.] JORDAN V. CORLEY. 285
Statement of the case.
8. INJUNCTION. Injunction will not issue to restrain proceedings on a judgment,
on account of defenses which could have been made on the trial;
the party's remedy was by certiorari.
APPEAL from Houston. Tried below before the Hon. L.
Carleton, Robertson, and G. W. Wynn, for appellant.
E. Cline, for appellee.
In 1870, Corley sued out an attachment -against one Jones
from a justice's court, and obtained the same day a writ of garnishment
against Jordan. Jones failing to appear, a judgment
by default was rendered against him for $52.27, and recited
that Jordan having answered that he had five bales of Jones's
cotton in his possession, "it is ordered that plaintiff recover
" the amount of his judgment and costs of Jordan, out of the
' proceeds of the cotton."
Nearly two years after, appellant brought this suit to enjoin
the collection of the judgment against him as garnishee, alleging
that at the time he answered the garnishment, Jones was
indebted to him on the previous year's account, and sought to set
aside the judgment by contradicting its recitals without alleging
any fraud or equity against its collection; also alleged that
the execution stayed by the injunction was issued more than
twelve months after the judgment.
His excuse for not filing his petition within twelve months
was, that he did not know the judgment was rendered against
him until about five days before he filed his petition.
The court below dissolved the injunction,and Jordan appealed.
REEVES, J. James M. Jordan, the plaintiff in the court
below, appeals from the judgment dissolving the injunction and
dismissing his suit.
It appears from the statements of the plaintiff, as set out in
his original petition for injunction, that James A. Corley, the
defendant in this suit, on the 4th day of February, 1870, sued
out an attachment from a justice's court against one Buck
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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/m1/293/: accessed March 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .