Le Baume v. Northern Texas Traction Co.
Le Baume v. Northern Texas Traction Co.
Opinion of the Court
The record in this case shows that appellant Le Baume, on October 12, 1906, in a justice’s court of Tarrant county, recovered a judgment against appellee for the sum of $95; that appellee gave notice of appeal, and within the time required by law gave an appeal bond, which was duly approved and, together with a transcript of the proceedings in the justice’s court, filed in the county court of Tarrant county for civil cases; that afterwards appellant Le Baume applied for and caused to be issued from said justice’s court an execution, which was levied upon certain property of appellee; that thereafter, on March 7, 1911, the appellee presented to the judge of said county court its petition, setting up the facts stated, and, averring that its appeal was yet pending in said county court, prayed for an injunction restraining the sale under the execution from the justice’s court. The injunction was granted on March 7, 1911. On April 28, 1911, appellant presented a verified answer, urging certain general and. special exceptions to the petition, and particularly to the form and sufficiency of the appeal bond hereinbefore mentioned, and denied that appellant had any meritorious defense to the judgment, and prayed that the injunction might be dismissed. Afterwards, on April 28, 1911, the court being in regular session, the prayer to dissolve the injunction was overruled, and judgment duly entered, perpetuating the injunction. The appeal herein prosecuted is from the judgment last mentioned.
We conclude that the appeal must be dismissed, and it is so ordered.
Reference
- Full Case Name
- LE BAUME Et Al. v. NORTHERN TEXAS TRACTION CO.
- Cited By
- 1 case
- Status
- Published