Carter v. Griffin

Citations

• 32 Tex. 212

Syllabus

<p>1— Where an injunction of a justice’s judgment was sought on the ground that the judgment was rendered without service of process on the petitioner, but the petition does not negative his appearance or waiver of service, and it is apparent of record that he caused the judgment to be stayed, and it is not averred that injustice has been done him, the presumption is in favor of the judgment of the Justice’s Court, and there was no error in dissolving the injunction on motion.</p> <p>2— Though an answer to a petition for injunction must be verified by the oath of the party filing it, yet when the petition was dissolved on motion for insufficiency, it is immaterial that an unsworn answer, or no answer at all, was filed.</p>