Nevins v. McKee

Citations

• 61 Tex. 412
• 1884 Tex. LEXIS 114

Syllabus

<p>. 1. Jurisdiction — New trial.— After the adjournment of the term at which a judgment is rendered against a garnishee, he cannot have, in an independent proceeding, an injunction to prevent the enforcement of the judgment, except upon facts which show the clearest and strongest reasons for the interposition of a court of equity. It is not sufficient to show that injustice has been done. He must show that the judgment resulted from no negligence on his part; that he had a meritorious defense, and had used diligence, and was prevented from making his defense by the fraud, accident or acts of the-opposite party, wholly unaffected by any fault or negligence of his own.</p>