Summary
In Cash v. Wells (1 B. Ad. 375; 20 Eng. Com. Law Rep. 402), on motion by defendant a judgment and subsequent proceedings were set aside because execution was issued after payment of the debt; and in answer to plaintiff's request that a condition should be imposed on defendant to bring no action, the court said: "We cannot, without the defendant's consent.
Summary of this case from In re the Application for an Attachment against BradnerOpinion
No. 05-12-00075-CV
01-15-2013
WILLIAM CASH, JR. AND ALL OCCUPANTS, Appellants v. WELLS FARGO BANK, N.A., Appellee
Dismissed; Opinion issued January 15, 2013.
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-11-07988-D
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Lang-Miers
The Court has before it appellant's December 28, 2012 motion to dismiss appeal. See TEX. R. APP. P. 42.1(a). We GRANT the motion and DISMISS the appeal.
PER CURIAM
JUDGMENT
WILLIAM CASH, JR. AND ALL
OCCUPANTS, Appellants
No. 05-12-00075-CV V.
WELLS FARGO BANK, N.A., Appellee
Appeal from the County Court at Law No. 4
of Dallas County, Texas. (Tr.Ct.No. CC-11-07988-D).
Opinion delivered per curiam before Chief
Justice Wright and Justices Francis and Lang-Miers.
Based on the Court's opinion of this date, this appeal is DISMISSED. Appellee is ORDERED to recover its costs of this appeal from appellants.
______________________
CAROLYN WRIGHT
CHIEF JUSTICE