Glade v. Dietert

MASSEY, Chief Justice.

On September 10, 1954, this court decided the case of City of Fort Worth v. Dietert, 271 S.W.2d 299, error refused. In that case, the County Court at Law of Tar-rant County had refused the application of the City of Fort Worth for a temporary injunction restraining Dietert and his wife from prosecuting in the District Court a suit for damages against the Glade Construction Company. The City prayed for injunctive relief under the theory that the damage done by the Company to the land of the Dieterts in the trespass upon it, at the direction of the City, was subject matter…