Dallas General Drivers, Warehousemen & Helpers v. Wamix, Inc.

joined by Justice Griffin dissenting.

I respectfully dissent.

This is a suit for damages in the nature of a tort action where the trial court, in the exercise of its discretion, has granted temporary ancillary injunctive relief for the purpose of maintaining the status quo and preventing irreparable injury pending a trial on the merits.

That the action by Wamix is a suit for damages is admitted by petitioners. The Court of Civil Appeals has held, contrary to the contention of petitioners, that the trial court properly retained jurisdiction of this case, in that it had jurisdiction over a suit…