Prater v. Storey
Court of Appeals of Texas
Appeal from District Court, Smith. County; J. R. Warren, Judge. Suit by Walter Storey against U. W. Prater and others for an injunction. A temporary injunction was granted, and defendants appeal. The appeal is from an order of the district. judge made at chambers granting a temporary injunction.
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Appeal from District Court, Smith. County; J. R. Warren, Judge. Suit by Walter Storey against U. W. Prater and others for an injunction. A temporary injunction was granted, and defendants appeal. The appeal is from an order of the district. judge made at chambers granting a temporary injunction. The appellee filed a petition praying for an injunction restraining appellants, who are respectively the city manager, the city attorney, and the chiqf of police of the city of Tyler, from enforcing an order of the city manager suspending his license or permit to operate an automobile for hire. The…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1] The principal questions to be considered on this appeal are that of whether or not the ordinance, in question is entirely valid and within the. police powers of the city of Tyler to enact and enforce, and .the jurisdiction of the court to entertain this petition for injunction.. The trial court was not without jurisdiction to hear and determine whether or not an injunction should be granted so far as it was alleged in the petition that the ordinance was void and its enforcement would result in an injury to and a destruction of the applicant’s property…
2Cases cited5 opinions
- Meffert v. State Board of Medical Registration & ExaminationSupreme Court of Kansas · 1903
- Auto Transit Co. v. City of Ft. WorthCourt of Appeals of Texas · 1915
- Spurgeon v. RhodesIndiana Supreme Court · 1906
- City of Houston v. RichterCourt of Appeals of Texas · 1913
- State Board of Health v. RoySupreme Court of Rhode Island · 1901
3Cited by12 opinions
- Texas Liquor Control Board v. JonesCourt of Appeals of Texas · 1937
- City of Fort Worth v. Gulf Refining Co.Texas Supreme Court · 1935
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- City of Fort Worth v. Gulf Refining Co.Texas Supreme Court · 1935
- Sherman v. State Board of Dental ExaminersCourt of Appeals of Texas · 1938
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