Texas & N. O. R'y Co. v. White

Citations

• 57 Tex. 129
• 1882 Tex. LEXIS 108

Syllabus

<p>1. Judgment—Injunction.— The judgments formerly authorized against the sureties on an injunction bond, where injunction issued to stay collection of a judgment, were on a construction of art. 3936, Paseh. Dig., and were statutory judgments. They were not rendered by the district court under its general equity powers. Under the Revised Statutes no judgment can be rendered against the principal and sureties on an injunction bond, or against the principal alone, on dissolution of the injunction.</p> <p>2. Same.— Ontho dissolution of the injunction the holder of the judgment pursues his ordinary remedy to collect the same, and the bond which restrained its collection gives him an additional security for his debt.</p> <p>3. Same.— The ten per cent, damages allowed by statute on the amount of the debt, when the collection of money is enjoined, is the measure of defendant’s remedy on the dissolution of the injunction, unless by pleading and evidence a necessity for further relief is shown, in which event the court, in the exercise of its general equity powers, will grant the relief. But such further relief cannot be afforded on exceptions which go only to the dissolution of the injunction, dismissal of the bill, and entry of judgment for statutory damages.</p> <p>4. Same — Statute construed.— Art. 2898, K S., providing that the principles, practice and procedure in courts of equity should govern proceedings in injunction when the same are not in conflict with the statute, did not add anything to the powers already possessed by the district courts before.</p>