Martin v. Sykes

Citations

• 25 Tex. 197

Syllabus

<p>Where the judgment on an injunction bond is greater than the bond itself, it is erroneous as to the sureties. But if complaint is not made of that error by them, there is no good ground for reversal of the judgment; the plaintiff in error being liable, without reference to the bond, for the original debt enjoined and damages thereon.</p> <p>Where the petition for injunction does not distinctly allege the fraudulent acts by which a married woman was induced to acknowledge service and let judgment go by default, under which she permitted her homestead to be sold without asserting her claim, the petition was insufficient, and the injunction was rightly dissolved for want of equity in the bill.</p>