Texas Traction Co. v. Barron G. Collier, Inc.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the North ern District of Texas. Action by Barron G. Collier, Incorporated, against the Texas Traction Company. From an order granting an injunction pendente lite, defendant appeals.
1Opinion of the Court
SHERBY, Circuit Judge.
[1] This is an appeal from an order granting an injunction pendente lite. Formerly, the granting of such order was in the absolute discretion of the primary court; no appeal being allowed. The Act of March 3, 1891, allows an appeal from such decree. 26 Stat. 826. Since this act was passed, its uniform construction has been that the granting of an injunction pending the suit is in the sound discretion of the trial court, and that its order will not be disturbed on appeal unless it is violative of the rules of equity, or unless, there has been an abuse of discretion, or…
2Cases cited7 opinions
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Love v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
- Kerr v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1903
- Massie v. BuckCourt of Appeals for the Fifth Circuit · 1904
- Arkansas Southeastern R. v. Union Sawmill Co.Court of Appeals for the Fifth Circuit · 1907
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3Cited by4 opinions
- City of Amarillo v. Southwestern Telegraph & Telephone Co.Court of Appeals for the Fifth Circuit · 1918
- Southern Express Co. v. LongCourt of Appeals for the Fifth Circuit · 1913
- Layne v. GettyCourt of Appeals for the Fifth Circuit · 1915
- The Robert N. Brewer Family Foundation v. Rex Larry Huggins, as Trustee of the Christine C. Brewer Revocable TrustDistrict Court, M.D. Alabama · 2019