Zanes v. Mercantile Bank & Trust Co. of Texas

On Appellants’ Motion for Rehearing.

The first ground of this motion alleges error in affirming this cause as to granting the injunction, because the application for the temporary injunction was not verified as required by law. The verification by affiant was “that the allegations contained in the foregoing petition are to his best knowledge true and correct”; that this would not be a sufficient verification for the granting of the temporary writ of injunction on an ex parte hearing is well established by the following authorities, viz.: Article 4G47, R. S. 1925; State Banking Board v. Smyth…