Cameron v. Saathoff
This text of 345 S.W.2d 281 (Cameron v. Saathoff) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order of the district court refusing to grant petitioners a temporary injunction restraining the *125 Sheriff of Medina County and others from dispossessing petitioners of a farm. The Court of Civil Appeals affirmed. 342 S.W. 2d 470.
Petitioners vacated the premises after the trial court refused to grant a temporary injunction, and Rolf Saathoff and wife, respondents, are now in possession thereof. The injunction feature of the case is therefore wholly moot.
Writ of error is granted without reference to the merits of the matters decided by the trial court and Court of Civil Appeals. The orders of such courts pertaining to the temporary injunction are set aside, and the cause in so far as it relates to the matter of a temporary injunction is dismissed at petitioners’ cost. Guajardo v. Alamo Lumber Co., 159 Tex. 225, 317 S.W. 2d 725.
The parties and the district court are at liberty, of course, to proceed with the trial of the main case out of which the application for a temporary injunction grew. We express no opinion, and the conclusions of the Court of Civil Appeals are not necessarily controlling, on the merits of the controversy.
ASSOCIATE JUSTICE SMITH not participating.
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Cite This Page — Counsel Stack
345 S.W.2d 281, 162 Tex. 124, 4 Tex. Sup. Ct. J. 404, 1961 Tex. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cameron-v-saathoff-tex-1961.