Halcomb v. Kelly

Citations

• 57 Tex. 618
• 1882 Tex. LEXIS 188

Syllabus

<p>1. Injunction.— An injunction to restrain the execution of a judgment of a justice of the peace will not be granted for error in the decision, where the party, through negligence, has failed to prosecute a certiorari, or where he has any other adequate or complete remedy.</p> <p>2. Injunction.—See statement and opinion for facts held insufficient to authorize an injunction to restrain the execution of a judgment rendered by a justice of the peace.</p> <p>8. Pleading—Practice—Amendment.— An injunction was erroneously issued to restrain the enforcement of a magistrate’s judgment for $10, on the ground, chiefly, that the plaintiff had filed in offset in the justice’s court-a valid promissory note for $40, which had been disregarded by the magistrate. The plaintiff amending his pleadings, sought a recovery on the $40 note, and prayed a foreclosure of an alleged lien on a tract of land. Held —</p> <p>(1) The amended petition could not support the original defective cause-of action, and prevent a dismissal of the suit.</p> <p>(2) To permit such an amendment would lead to uncertainty and confusion in practice, and would be an improper exercise of discretion on the part of the court. o «</p>