Gibson v. O'Connell

Citations

• 30 Tex. 684

Syllabus

<p>Where a plaintiff, in a petition for an injunction, claimed a credit on his note, say for $10,000, and the defendant in his answer set forth the items and dates of credits, and showed that they only amounted to $8,000, and the parties went to trial upon bill and answer, neither offering proofs, the plaintiff is presumed to acquiesce in the defendant’s answer.</p> <p>An injunction, founded upon the motion that the stay law entitled a debtor who had executed a deed of trust to a perpetual injunction, was properly dissolved, and ten per centum damages for delay were properly awarded. (Paschal’s Dig., Art. 3935, Note 92V.)</p> <p>Where the sureties to an injunction bond have not appealed, the sufficiency of the bond is not properly before the court.</p>