County of Anderson v. Kennedy

Citations

• 58 Tex. 616
• 1883 Tex. LEXIS 75

Syllabus

<p>1. Injunction—Jurisdiction.— Construing sec. 8, art. V, of the constitution, held,</p> <p>(1) The constitution in that section, by giving express power to issue certain designated writs, after having given a broad and general power to issue all writs necessary to enforce the jurisdiction of the district courts, intended to confer upon such courts a jurisdiction to act upon persons under the well settled rules of common law and equity procedure, which jurisdiction it was difficult to define with accuracy in the narrow limits of a constitution.</p> <p>(2) The express power given in that clause of the constitution to the distiiit courts to issue writs of injunction, other express power being given to issue such writs as might be necessary to enforce the jurisdiction conferred on them, carries with it the power to inquire and determine under what circumstances the facts exist which authorize the issuance of the writ, and this power to inquire is of the very essence of jurisdiction. 1</p> <p>(3) That section, while declaring that the district courts shall have power to issue writs of injunction, contains no limitation as to the subject matter or amount necessary to clothe those courts with power to hear and determine, such as is found with reference to other jurisdiction, to be determined by subject matter and amount in controversy.</p> <p>(4) District courts have the power to issue writs of injunction in cases in which a court of chancery, under the settled rules of equity, would have power to issue them; and this without reference to the amount in controversy, under the express power given in the constitution.</p> <p>2. Injunction.— An application for injunction, formal in terms, alleging that the county of Anderson, through its officers, was about to sell for taxes about thirteen different tracts of land, patented to the International & Great Northern R. R. Co., by virtue of certain land certificates issued to the I. & G. N. R. R. Co. under special act of the legis