Guthrie v. Speck

McClendon, j.

Appeal from an interlocutory order granting a temporary injunction in an action to enjoin a proceeding to take a deposition to perpetuate testimony under R. S. art. 3742. The record contains a motion to dissolve ; but as no action was had thereon and the appeal is from the interlocutory order, this motion cannot be considered. Young v. Dudney (Tex., Civ. App.) 140 S. W. 802 (error denied).

The application to take the deposition was not verified. Its recitative portions read: “Now comes George Guthrie, a resident of Bexar County, Texas, and represents that he anticipates the…