Court of Civil Appeals of Texas, 1878

Wheeler & Wilson Manufacturing Co. v. Fleming

Wheeler & Wilson Manufacturing Co. v. Fleming
Court of Civil Appeals of Texas · Decided December 20, 1878 · White
1 White & W. 270

Wheeler & Wilson Manufacturing Co. v. Fleming

Opinion of the Court

Opinion by

White, J.

§ 539. Injunction; where judgment is void for want of legal service. ' There being no legal service, the original judgment was void. This, however, would not neces*271sarily dispose of the injunction case in the county court, but upon proper pleadings the correct practice was for said court to retain jurisdiction, try the case and render judgment on the original cause of action, if the plaintiff was legally entitled to it on the merits. [Witt v. Kaufman, 25 Tex. Sup. 384.]

December 20, 1878.

Reversed and remanded.

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