Windisch v. Gussett

Citations

• 30 Tex. 744

Syllabus

<p>An injunction obtained for want of legal service was properly dissolved. The proper remedy would have been by writ of error. Where there is an ordinary remedy for error, an extraordinary one will not obtain.</p> <p>So, if there was error in rendering a judgment for gold and silver coin, an injunction was not the proper remedy.</p> <p>If a judgment be for dollars, the addition to be paid in gold or silver coin is surplusage, since it may be discharged in United States currency.</p> <p>Where the record does not show whether the contract'was dated before or after the enactment of the stay law of 1866, the court will presume that the judgment was upon a law of anterior date.</p>