Payne v. Nichols

CODY, Justice.

This is an independent action brought by appellant, who was a defendant in a prior injunction suit, to recover damages from appellee Nichols, who was plaintiff in such prior injunction suit, and to recover damages from his sureties on the injunction bond, for the wrongful issuance of the temporary injunction. This action was filed in the District Court of Harris County on May 4, 1940. In his petition in .this action, appellant alleged in substance: That appellee H. H. Nichols (who will hereafter be referred to in this suit as ap-pellee) filed suit on January 22, 1938, styled…