B. F. Avery & Sons v. Stewart

Citations

• 60 Tex. 154
• 1883 Tex. LEXIS 285

Syllabus

<p>1. Injunction—Judohent.— The power exercised by district courts, before the adoption of the Revised Statutes, of rendering a decree against the principal and his sureties on an injunction bond, for the amount of the judgment enjoined on a mere motion to dissolve the injunction, did not result from the general equity power possessed by such courts, sitting as courts of chancery, but was derived from the one hundred and fifty-fifth section of the act of May 13, 1846 (1 Pasch. Dig., art. 3936).</p> <p>3. Same.— That section being in part repealed by the Bevised Statutes, the power possessed by district courts by virtue of the repealed portion of that act, to render such decree on dissolving an injunction, was taken away; following R. R. Co. v. White, 57 Tex., 130.</p> <p>3. Same. — One seeking damages to the amount of an injunction bond can bring an original action on the bond, or, in the pending suit wherein it was given, plead in reconvention, setting up the grounds of his claim for damages.</p>