Howard v. Spragins
Howard v. Spragins
Opinion of the Court
This action was brought in the district court for Richardson county to enjoin the collection of a judgment alleged to be void, rendered by a justice of the peace in an action wherein one Given Spragins was plaintiff and appellant herein was defendant.
Defendant in this action was the justice of the peace who
In an injunction proceeding to stay the enforcement of a void judgment, it is generally necessary to join as parties all persons whose rights would or might be affected by the allowance of the relief sought, and where the bill is directed solely against the judge who entered the judgment, the relief prayed should be denied. 2 Spelling, Injunctions and Other Extraordinary Remedies (2d. ed.) sec. 977; 1 Black, Judgments (2d. ed.) sec. 893b.
The trial court did not err in refusing to grant the injunction and the judgment is
Affirmed.
Note — See Judgments, 34 C. J. p. 485, sec. 759.
Reference
- Full Case Name
- Charles Howard v. John D. Spragins
- Status
- Published