Voigtlander v. Brotze

Citations

• 59 Tex. 286
• 1 Tex. L. R. 974
• 1883 Tex. LEXIS 153

Syllabus

<p>1. District court, — The district court in all cases within the scope of its jurisdiction has authority to grant any measure of relief, whether in law or equity, that could at common law be granted either by a court of law or equity. Shulte v. Hoffman, 18 Tex., 678; Teas v. Robinson, 11 Tex., 776, and Tucker v. Anderson, 25 Tex. Sup., 158, cited and approved,</p> <p>2. Practice.— Suggested as the better practice for a party, in the concluding prayer of his petition, to ask specially for the particular relief desired, though a failure to do so will not affect the power of the court to afford, the relief to which the case as made entitles him.</p> <p>8. Writ of assistance — Practice.™ The authority of the district court to grant relief in favor of a purchaser at foreclosure sale made Under its judgment, when the defendant in possession refuses to surrender the premises, discussed, and the conclusion announced that the district court rendering such judgment has authority to direct the issuance of a writ of assistance to place the plaintiff in possession without requiring him to institute proceedings for that purpose.</p>