Leon & H. Blum v. Schram & Co.

Citations

• 58 Tex. 524
• 1883 Tex. LEXIS 59

Syllabus

<p>1. Bills of exception — Practice.— Bills of exception which have not been presented to the district judge for signature within ten days after a motion for a new trial has been refused, will on motion be stricken from the record in the supreme court. But if the statement of facts containing bills of exception to the admission of improper evidence was signed and approved during the term and within ten days after the end of the trial, the bills of exception would be considered. It would be otherwise if such statement of facts was presented to the jurlge more than ten days after the conclusion of the trial.</p> <p>2. Practice — Injunction.— It is not error; after the dissolution of an injunction because the answer has denied and taken away the equity of the bill, for the court to retain control over the case until alter trial upon the merits. 2.</p> <p>3. Injunction — Attaching creditor.— An attaching creditor whose writ of at- ■ tachment has been levied on goods in the possession of the sheriff by virtue of an execution issued on a judgment by confession, alleged to be fraudulent, has such a lien on the goods as to authorize, under proper averments, theissuance of injunction. 3.</p> <p>4. Charge of court.—A charge to the jury which assumes as true the existence of a fact clearly established by evidence, which was not excepted to, so as to procure the ruling of the supreme court on its admissibility, is not error. 4.</p> <p>5. Fraud — Confession of judgment.— See opinion for a charge, and statement of the case for facts, under which the charge was held proper in a contest between an attaching creditor and one claiming under a confession of judgment by an insolvent debtor, which judgment was attacked for fraud in its procurement.</p>