Cook v. J. W. Baldridge & Co. (39 Tex. 250, 1873)

Walker, J.

There was error in- overruling the demurrer and motion of the appellant in the District Court. A district judge can only grant an injunction to stay an execution within one year after judgment has been obtained. (Doss v. Miller, 6 Texas, 340.) Article 3932, Paschal’s Digest, provides that injunctions to .stay proceedings in a suit, or éxecution on a judgment, shall be returnable and tried in the District Court of the county where suit is pending or judgment rendered. Baldridge et al. sought by an injunction sued out in Calhoun county, on'the twenty-ninth of February, 1868, to ■enjoin two judgments rendered in Matagorda county, one in 1858 and the other in 1859, as well as a judgment -of the Supreme Court, affirmed March 30, 1864. We