Taylor, Knapp & Co. v. Fore

Citations

• 42 Tex. 256

Syllabus

<p>1. Injunction, when issued to stay proceedings under judgment. When a defendant, through accident or mistake, and without default in the proper degree of watchfulness and care required of careful men in their own cases of equal importance, fails to present his defense fully, the court will, in its discretion, grant relief ky injunction to stay proceedings under the judgment, and re-examine the case.</p> <p>2. Judgment, when interlocutory. When, after the expiration of the term, an injunction is issued to stay proceedings under a judgment, and, upon a trial, a general verdict is'rendered for the plaintiff, a judgment should be rendered disposing finally of the case ; a judgment upon such verdict permitting the plaintiff to plead defenses which he had neglected in the former suit and continuing the cause, is interlocutory, from which no appeal lies.</p>