Hayes v. Bone

HIGGINS, Justice.

Bone brought this suit in the district court of Pecos county against Arthur Hayes, a justice of the peace, and Edna Winston, and another not necessary to mention, to set aside a judgment for $16 theretofore rendered by said justice of the peace in favor of Edna Winston against Bone, and to enjoin the issuance of execution upon such judgment, and for damages in the sum of $620. A temporary injunction was ordered issued as prayed for, from which order this appeal is prosecuted.

Appellee moves to dismiss the appeal because of appellant’s failure to file briefs." In appeals from orders of the present nature it is not necessary to file briefs, for which reason the motion is overruled. Article 4662, R. S.; Moore v. Norton (Tex. Civ. App.) 215 S. W. 373.

The appellee has not briefed the case, and, in the absence of assignments of error and briefs by either side, we feel it is not incumbent upon this court to do more than briefly announce its conclusion.

It is variously averred the judgment in favor of Edna Winston is void, but such averments are legal conclusions and not such averments of fact as will warrant enjoining the execution of the judgment upon the ground that it is void. Pye v. Wyatt (Tex. Civ. App.) 151 S. W. 1086. The facts specifically averred are insufficient to show the judgment to be void. The facts so alleged show the judgment complained of is erroneous, but district courts will not grant injunctions to correct errors of inferior courts in eases where no appeal is allowed. Galveston, H. & S. A. Ry. Co. v. Dowe, 70 Tex. 1, 6 S. W. 790; Mann v. Brown (Tex. Civ. App.) 201 S. W. 438; Pye v. Wyatt, supra.

We regard the petition as subject to general demurrer for the reason indicated.

Reversed, and judgment here rendered dissolving the temporary injunction.