Fox v. Woods

Texas Supreme Court
Fox v. Woods, 34 Tex. 220 (Tex. 1871)
Ogden

Fox v. Woods

Opinion of the Court

Ogden, J.

The appellant obtained judgment in the county court against the appellee on a receipt given for $1000 in Confederate money. Appellee sued out an injunction from the district *224court to restrain the collection of the judgment, and on-a final hearing the injunction was perpetuated, and by an order of the court appellant was forever restrained from collecting the judgment, or any part thereof. The judgment enjoined was rendered upon a receipt for Confederate money. The consideration ' was therefore illegal and against public policy; and the judgment rendered on the same wholly and totally void. (Pridgen v. Smith, 31 Texas, 171; Goodman v. McGee, 31 Texas, 252; Thompson v. Houston, 31 Texas, 610; Reavis, et al., v. Blackshear, 30 Texas, 753.) The judgment of the court perpetuating the injunction was according to law and is affirmed.

Affirmed.

Reference

Full Case Name
Samuel Fox v. W. B. Woods
Cited By
3 cases
Status
Published
Syllabus
A judgment enforcing a written contract which showed on its face that the consideration was Confederate money was wholly void ; and it was not error to enjoin execution of such a judgment, notwithstanding that no defense was set up to the action wherein it was rendered, and the injunction was not sued out until more than a year after its rendition.