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18 Tex. 237

Howerton v. Luckie

Texas Supreme Court

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Tried below before the Hon. Fielding Jones. Suit by appellant against appellee, to enjoin a judgment recovered by the latter against the former in a Justice’s Court. The petition contained a prayer for general relief. The defendant answered a general demurrer and general denial.

Cited by 1 later decisions — most recently September 1957

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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Wheeler, J.

¶1The judgment of the Justice is not a judgment by default. It appears to have been rendered upon a trial, in which the plaintiff’s demand was reduced by proof of a set off. The fair deduction is, that the plaintiff in the injunction appeared with his co-defendants before the Justice, *239and made his defence ; and this was a waiver of any objection he might have to the citation and service. Upon the evidence, the Court did not err in dissolving, the injunction and giving judgment for the defendants therein. The judgment is affirmed.

¶2Judgment affirmed.

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