Cooke v. Burnham

Decided July 1, 1869

Texas Supreme Court · decided 1869-07-01

Tried below before the Hon. C. A. Frazier. This is an old case, remaining on the docket of this court since 1861. From the opinion of the court and the argument of counsel, the facts are easily deduced.

Good law ✅— No negative treatment on recordhow we know

Decided 1869-07-01

How this case has been cited

Cited by 3 later decisions — most recently October 1936

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Morrill, C. J.

¶1Appellant sued out an injunction restraining the defendant from proceeding to enforce a judgment obtained before a justice of the peace. The petition discloses that the seiwice was had by publication in a neAvspaper fourteen days only previous to the judgment; and charges the same to be avoid. The ansAver does not deny the charge, but seeks to set up in avoidance that the plaintiff knew that the judgment had been rendered, and did not seek to restrain it within a given limit, etc. The court dismissed the injunction, from Avhieh plaintiff appealed. We conceive the court erred. Taking the facts alleged as true, the judgment Avas void, and the injunction should be perpetuated.

¶2Eeversed and remanded.