Legal Opinion

Butler v. Remington

Court of Appeals of Texas

Decided April 2, 1921No. 9683Published

Appeal from District Court, Tarrant County; Bruce Young, Judge. Action by E. Remington against Ben I. Butler and others. From a temporary injunction granted plaintiff, defendants appeal.

1Opinion of the CourtBuck, J.

This is an appeal from a temporary injunction granted on ex parte, hearing in favor of E. Remington against Ben I. Butler, Arthur Heman, and H. B. Bowles. There are a number of reasons assigned why the judgment below is erroneous, but we will notice only one; i. e., that the affidavit to the petition upon which the injunction was granted was not in proper form. The petition is sworn to by plaintiff’s attorney as follows:

“I, Dee Estes, one of the attorneys of record for the plaintiff herein, do swear that the matters and facts above alleged are true and correct, according to my information and…

2Cases cited10 opinions

  1. Graham v. McCarty & BrownTexas Supreme Court · 1887
  2. Pullen v. BakerTexas Supreme Court · 1874
  3. Smith v. BanksCourt of Appeals of Texas · 1912
  4. Holmes v. CoalsonCourt of Appeals of Texas · 1915
  5. Wilson v. AdamsTexas Supreme Court · 1855

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