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: 74
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5i rNICHOLS v. SNOW. [Tyler Term,
Opinion of the court.
On the 11th of October, 1871, the defendant, by leave of
the court, withdrew so much of his original answer as
sought to enforce or set up any claim to a vendor's lien,
or sought a discovery from plaintiff, and at the same time
filed exceptions to the amended petition of plaintiff. On
the same day the parties announced ready for trial, and
the court rendered a judgment perpetually enjoining the
sheriff and defendant, Snow, from levying and selling the
homestead, or any portion of the same, in satisfaction of
the judgments referred to in plaintiff's petition. The
cause was then continued, after plaintiff again had leave
to amend. Various amendments were made by plaintiff
and defendant, plaintiff alleging that the judgments obtained
in the County Court against him in June, 1867,
were obtained by the intimidation of the persons selected
to examine the mutual claims of herself and defendant;
that this intimidation was the result of the influence and
threats of defendant; that a portion of the claims had been
previously paid, and the remainder of defendant's claim
was not due; that the County Court had no jurisdiction,
and praying for a trial de noro. The defendant denied the
charges of plaintiff, and, at great length, gave a history of
the claims which he held against plaintiff, and which were
embraced in the judgments rendered in his favor in the
County Court in June, 1867. The amended answers of
defendant were, as the pleadings of plaintiff, verified by
During the September term, 1873, the court rendered a
judgment overruling plaintiff's demurrer to defendant's
amended answers, and sustaining the demurrers of the
defendant to the amended petitions of plaintiff; and, after
reciting the order perpetuating the injunction, decreed all
costs arising out of the proceeding with reference to the
injunction in favor of plaintiff, and decreeing all the remaining
costs, or those accruing on the new cause of ac.
tion set up by plaintiff, in favor of defendant.
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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/m1/82/?rotate=90: accessed April 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .