Aiken v. Carroll

Texas Supreme Court

Aiken v. Carroll

37 Tex. 73

CourtTexas Supreme Court

DecidedJuly 1, 1873

StatusPublished

Cited by7 cases

This text of 37 Tex. 73 (Aiken v. Carroll) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aiken v. Carroll, 37 Tex. 73 (Tex. 1873).

Pincite

Opinion

Ogden, J.

This suit was instituted by the suing out of an injunction, to stay the collection of certain taxes. A motion was made to dissolve the injunction in vacation, and the judge in vacation dissolved the injunction and dismissed the bill. This, according to the decision in Grant v. Chambers, 34 Texas, was such an error as will require a reversal of the judgment.

There is no law giving judges of the District Courts authority, in vacation or at chambers, to render final judgment in any cause pending in the District Court.

The judgment is reversed and the cause remanded.

Reversed and remanded.

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Ogden, J.

This suit was instituted by the suing out of an injunction, to stay the collection of certain taxes. A motion was made to dissolve the injunction in vacation, and the judge in vacation dissolved the injunction and dismissed the bill. This, according to the decision in Grant v. Chambers, 34 Texas, was such an error as will require a reversal of the judgment.

There is no law giving judges of the District Courts authority, in vacation or at chambers, to render final judgment in any cause pending in the District Court.

The judgment is reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

37 Tex. 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aiken-v-carroll-tex-1873.

Opinion

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