Swift v. Callaghan Land & Pastoral Co.

SMITH, Chief Justice.

The appeal in this case was ordered dismissed by this Court at a recent session, upon the ground that the order from which the attempted appeal was taken was a temporary restraining order, as distinguished from a temporary injunction, and the right of appeal does not lie thereto. Lark v. Coyle, Tex.Civ.App., 260 S.W. 1107; Berry v. State, Tex.Civ.App., 79 S.W.2d 891. We adhere to that holding and overrule appellants’ motion for rehearing thereon. '

There is another reason for dismissing the appeal. The restraining order in question is made returnable, and expires by its…