State of Texas v. Perkins

Mr. Judge Taylor,

of the Commission of Appeals, delivered the opinion fqr the Court.

This was a suit for temporary injunction and for further relief upon a hearing on the merits. The question involved is whether the trial court erred in dismissing this cause for want, of prosecution prior to service on all of the defendants, and before a setting and call thereof for trial on-the merits.

The theory upon which the trial court acted in dismissing the entire cause was that the plaintiff had abandoned the prosecution of its suit. The court’s action was taken upon the basis of the following facts: “On…