City of Gilmer v. Moyer

HARVEY, Justice.

This case has been before this.court on a prior appeal. 181 S.W.2d 1008. The appellants, as plaintiffs below, filed suit in the District Court of Upshur County on July 10, 1941, in which they sought to enjoin ap-pellees, defendants below, from constructing a building upon a parcel of land in the city of Gilmer, Texas. In their answer the defendants sought a mandatory injunction against the city authorities of Gilmer to require them to issue a building permit to one H. W. Moyer who had applied for such permit for the construction of a building upon the land described in the…