Walker v. McMaster

Citations

• 48 Tex. 213

Syllabus

<p>Jurisdiction.—B recovered against 0, in 1873, a judgment in the District Court for $121.50. In 1875, an execution was issued on the judgment, and levied on C’s land, who brought suit by injunction to enjoin the sheriff from proceeding, on the ground that the judgment was illegal and void, because the judge presiding was not in fact at the time a judge. In ¡November, 1876, the judge dissolved the in junction, and rendered judgment against O and his sureties on the injunction bond for §146.50-, and costs, from which judgment 0 appealed. On a motion filed by B to dismiss the appeal for want of jurisdiction in the District Court: Held—</p> <p>1. That the District Court had control over the final process issued from it to execute its judgment.</p> <p>2. Though the injunction was issued in a separate suit, docketed, and tried as a distinct suit, it was in its nature an incident to the suit in which the judgment was rendered, on which the supposed illegal process issued.</p> <p>3. The District Court had at the time jurisdiction to render judgment in the first suit on which the process issued; and the amount involved in a subsequent and incidental proceeding, to correct the irregularity, abuse, or illegality of the final process issued upon it, is immaterial; and the fact of its being less than five hundred dollars cannot defeat the jurisdiction.</p>