Moody & Jamison v. Cox

Citations

• 54 Tex. 492
• 1881 Tex. LEXIS 52

Syllabus

<p>1. Injunction— Jurisdiction.—Injunction issued in 1878 from the district court, to restrain the sheriff from collecting $876.47 due for taxes. There was no allegation of damages sustained, or that the sale of the land levied on for taxes would cloud the title or work irreparable mischief. Held —</p> <p>1. The district court had no jurisdiction.</p> <p>2. The remedy should have been sought in the county court, where the power to grant relief in a proper case was full, adequate and complete.</p> <p>2. Statutes construed.—• The exemption from the payment of taxes, extended to certain persons in Brazoria county by the act of 1876, was limited to those who were on the shore of the mainland not more than five miles from the usual water-line of ordinary tide during the storm of 1875, and did not embrace persons living elsewhere.</p>