Jordan v. Corley

Citations

• 42 Tex. 284

Syllabus

<p>1. Injunction. An application for injunction to enjoin a sale under execution, which was issued on a judgment rendered in 1870, which is based on the allegation that the execution was issued more than twelve months after judgment, is not sufficient; it should negative, by proper averment, the fact that any other execution had issued before that time.</p> <p>2. Judgment notice. When a party to a cause submits his defenses in a matter within the jurisdiction of the court, he cannot plead ignorance of the subsequent proceedings and judgment rendered.</p> <p>3. Injunction. Injunction will not issue to restrain proceedings on a judgment, on account of defenses which could have been made on the trial; the party’s remedy was by certiorari.</p>