Legal Opinion

Driskill v. Boyd

Court of Appeals of Texas

Decided November 10, 1915No. 5610PublishedCited by 6 opinions

Appeal from District Court, McLennan County; E. J. Clark, Judge. Action by W. P. DriskiU against J. H. Boyd. From an order dissolving a temporary Injunction and refusing to appoint a receiver, plaintiff appeals.

1Opinion of the CourtJenkins, J.

[1] Appellee insists that this appeal should be dismissed, for the reason that it is an attempt to appeal from an interlocutory judgment refusing to appoint a receiver. It is true that no appeal lies from such a judgment. R. S. art. 2079; Cone v. Hudson, 139 S. W. 1167. It is also true that appellant prayed for the appointment of a receiver, and that such prayer was denied by the court. But, in addition to the prayer for the appointment of a receiver, the appellant had theretofore obtained a temporary injunction against appellee, restraining him from disposing of certain funds in his hands,…

2Cases cited1 opinion

  1. Cone v. HudsonCourt of Appeals of Texas · 1911

3Cited by6 opinions

  1. Searle-Taylor MacH. Co., Inc. v. Brown Oil Tools, Inc.Court of Appeals of Texas · 1974
  2. Southwestern Chemical & Gas Corp. v. Southeastern Pipe Line Co.Court of Appeals of Texas · 1963
  3. Transcontinental Gas Pipe Line Corp. v. American National Petroleum Co. Ex Rel. Oil Investments, Ltd.Court of Appeals of Texas · 1988
  4. Beeler v. BeelerCourt of Appeals of Texas · 1962
  5. Red Ball Stage Lines, Inc. v. GriffinCourt of Appeals of Texas · 1925

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