Coleman v. Goyne

Citations

• 37 Tex. 552

Syllabus

<p>1. To enjoin a money judgment, the petitioner alleged that he had a good defense against a large part of his creditor’s demand, but had not set it up in the original suit, because, during its pendency, he believed his creditor would give him the benefit of it after judgment; but that, since the judgment, the creditor refused so to do. Held, that the petition showed no equity.</p> <p>2. A preliminary injunction may be dissolved at chambers or in vacation; but it is error to dismiss the petition in vacation.</p> <p>3. It was error to dissolve an injunction of a money judgment in vacation, without requiring of the defendant the refunding bond prescribed by Article 3937, Paschal’s Digest.</p>