Martin v. Sykes

Texas Supreme Court
Martin v. Sykes, 25 Tex. 197 (Tex. 1860)
Roberts

Martin v. Sykes

Opinion of the Court

Roberts, J.

—The court below did not err in dissolving the injunction, and rendering judgment against the complainant and the sureties on her injunction bond. The judgment is erroneous as to the sureties, inasmuch as it is rendered for a much greater amount than the bond given • by them, as required by the judge. Of that error, however, they have not complained; and, therefore, there is no good ground presented for a reversal of the judgment against her, she being liable, without reference to the bond, for the amount of the original debt and damages thereon. (Hendrick v. Cannon, 5 Tex., 248.) The petition for injunction was fatally defective, in not stating intelligibly the nature of judgment rendered against her, the nature of her rights in the property affected by the levy of the execution, and the facts constituting the fraud in inducing her to accept service of process.

The judgment must be

Affirmed.

Reference

Full Case Name
M. J. Martin v. William Sykes
Cited By
10 cases
Status
Published
Syllabus
Where the judgment on an injunction bond is greater than the bond itself, it is erroneous as to the sureties. But if complaint is not made of that error by them, there is no good ground for reversal of the judgment; the plaintiff in error being liable, without reference to the bond, for the original debt enjoined and damages thereon. Where the petition for injunction does not distinctly allege the fraudulent acts by which a married woman was induced to acknowledge service and let judgment go by default, under which she permitted her homestead to be sold without asserting her claim, the petition was insufficient, and the injunction was rightly dissolved for want of equity in the bill.