Cole v. Varner
Court of Appeals of Texas
1Opinion of the CourtConner, C. J.
We are of opinion that the order appealed from in this case must be set aside for several reasons apparent on the face of the record.
In the first place, the petition for the temporary writ is not verified. This was essential. See Rev. Stats, art. 4649; Wright v. Wright, 3 Tex. 168; Pullen v. Baker, 41 Tex. 419; Lee v. Broocks, 54 Tex. Civ. App. 220, 118 S. W. 165; Moss v Whitson (Tex. Civ. App.) 130 S. W. 1034; Clarey v. Hurst (Tex. Civ. App.) 136 S. W. 840.
It also appears that the temporary writ of injunction was authorized and issued without the requirement of a bond and that no bond in…
2Cases cited7 opinions
- Wright v. WrightTexas Supreme Court · 1848
- Pullen v. BakerTexas Supreme Court · 1874
- Boykin v. PattersonCourt of Appeals of Texas · 1919
- Wichita County Lumber Co. v. MaerCourt of Appeals of Texas · 1921
- Clarey v. HurstCourt of Appeals of Texas · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Clayton v. StephensonCourt of Appeals of Texas · 1923
- Farb v. TheisCourt of Appeals of Texas · 1923
- Holland Texas Hypotheek Bank of Amsterdam v. LinscomeCourt of Appeals of Texas · 1931
- Lancaster v. LancasterCourt of Appeals of Texas · 1955
- Crittenden v. HeckmanCourt of Appeals of Texas · 1945
5 more not listed; retrieve them via the Exa API.