R. R. Stolley Corp. of Austin v. Quebedeaux

When the decision was handed down in the above causes, the writer noted his dissent, which was predicated upon the following propositions:

1. The cross-action of appellee, in so far as it sought an affirmative decree validating the judgment, could not be maintained as an independent suit; and therefore plaintiff's nonsuit eliminated this issue, thus leaving the cross-action upon the injunction bond the only matter in controversy.

2. The liability of the sureties upon the injunction bond was only for the penalty prescribed by statute and such special damages as might be pleaded and proved…