Miller v. Clements

Citations

• 54 Tex. 351
• 1881 Tex. LEXIS 30

Syllabus

<p>1. Injunction.—An injunction to restrain the collection of a monied judgment rendered by a court of competent jurisdiction, which issued more than a year after the rendition of the judgment, no sufficient reason appearing why the writ was not sooner applied for, and no fraud being alleged in its procurement, was properly dissolved.</p> <p>2. Bankruptcy.— A state court does not lose its jurisdiction of the person of a defendant on account of his being adjudicated a bankrupt, nor will it take notice of proceedings in bankruptcy in a federal court, unless properly presented in such way that they may be judicially acted on.</p> <p>3. Bankrupt.— One who desires to avail himself of his discharge in bankruptcy, as a defense against a suit pending in a state court, must plead it; failing to do so, neither his ignorance of his duty, or his negligence, will invalidate the judgment which may be rendered in the state court against him.</p> <p>4. Injunction bond.—An injunction bond-, instead of being executed for double the amount of the monied judgment, the collection of which was enjoined, was executed for a smaller amount than the judgment. On dissolution of the injunction, judgment was rendered against the plaintiff and his securities for so much of the principal debt as was covered by the bond. Held —</p> <p>1. The plaintiff and his securities could not complain, since they would have been liable to a judgment for the full amount of the debt enjoined, had a proper bond been executed.</p>