Lackie v. Bramlett
Lackie v. Bramlett
Opinion of the Court
Opinion by
§1129. Jurisdiction, of county court; injunction. Bramlett obtained an injunction restraining the collection of a judgment rendered against him in favor of Lackie by a justice of the peace for a sum less than $200. The county judge who granted the injunction upon a hearing
§ 1130. Remedy against void judgment of justice of the peace. Where a judgment of a justice of the peace is void, and the time has elapsed for appeal therefrom, or for certiorari thereof, the proper remedy of the party affected by the judgment is to move in the justice’s court that rendered it to set aside any execution that may have been issued on it, and from the judgment of the justice upon that motion an appeal would lie. Injunction in such case is not the proper remedy, because of a want of jurisdiction in the county court to grant it.
Reversed and dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.