Calder v. Cass

DIXON, Chief Justice.

Frank W. Cass, appellee, filed an application to perpetuate testimony under Rule 187, Texas Rules of Civil Procedure, naming ten persons as parties adversely interested in the suit he anticipates instituting. He obtained service on all but one of the named persons.

Bruce Calder, appellant, one of the persons on whom service was obtained, filed suit asking for an injunction to restrain ap-pellee from taking the depositions of the witnesses named in the petition. The trial court issued a restraining order, but after a hearing, dissolved the restraining order and refused to…