Railroad Commission v. Tips

ALEXANDER, Justice.

This suit was brought by Julius C. Tips against The Railroad Commission of Texas and others, to enjoin the enforcement of the Texas Truck Law. The trial court granted a temporary injunction and an appeal was prosecuted to this court by the defendants. Since that time plaintiff has voluntarily dismissed the suit in the lower court. Appellants have filed a motion' to reverse the cause and dissolve the injunction.

The rule seems to be that when the original suit is dismissed in the trial court while the case is pending before the appellate court for review of order granting…