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6 Tex. 338

Doss v. Miller

Texas Supreme Court

Decided July 1, 1851

Texas Supreme Court · decided 1851-07-01

The appellant filed his petition on the 22d clay of March, 1848, praying an injunction to stay execution upon two judgments previously recovered against him in favor of the appellee’s intestate, Griswold-one for the sum of four hundred and twenty-six dollars and sixty-eight cents, on the 4th day of November, 184G, and the other for one hundred and six dollars and forty-five cents, on the 7th day of June, 1847.

Decided 1851-07-01

Wi-ieeler, J.

¶1The act of 184G, section 151, (Hart. Dig., p. 495,) provides that “no injunction to stay an execution shall be granted,‘but within six months after the judgment is obtained,” &c.

¶2The injunction in this case was not granted within six months after the rendition of either judgment sought to be enjoined, and the party applying for the writ has not brought his case within any of the exceptions contained in (ho statute. The grounds upon which it was sought appear to have existed wilhin (lie knowledge of the party when the judgments were rendered, and no excuse is offered for not having made his application within the time prescribed by the law. The injunction was granted manifestly against law. That being (he sole object of the suit, upon its dissolution the case was rightly dismissed. Nothing remained to be litigated between the parties in that case. And it is unnecessary now to inquire whether, had the petition been filed in time it disclosed any valid grounds of relief against the judgment.

¶3We are of opinion that there is no error in the judgment, and that it be affirmed.

¶4Judgment affirmed.

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