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19 Tex. 106

Albright v. Mallory

Texas Supreme Court

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Error from Panola. The entry of the order dissolving the injunction was as follows : The cause coming on to be heard on motion, it is ordered by the Court, that the injunction be dissolved, and that said Daniel H. Mallory have and recover of the said Jeremiah Albright and his sureties, John K. Williams and Stephen L. Davis, the sum of one hundred and fifteen dollars, together with a}l costs of suit in this behalf expended, for which let execution issue, on the said Daniel H.…

Decided 1857-07-01

Hemphill, Ch. J.

¶1The injunction granted on the filing of *107the petition, was dissolved on the coming in of the answer, and on motion. Judgment was entered against the plaintiff and his sureties in the injunction bond, and the defendant required to give a refunding bond as directed by Statute. (Hart. Dig. Art. 1604.) But there was no final hearing or decree on the merits. There was no such final judgment as could be the subject of appeal or writ of error, and the writ is accordingly dismissed.

¶2Writ of error dismissed.

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