Daugherty v. Gibbs & Carter

Texas Commission of Appeals

Daugherty v. Gibbs & Carter

2 Posey 255

Texas Commission of Appeals·Decided July 1, 1880·Published

Opinion

Opinion.— Held, the motion to dissolve the injunction was properly sustained. 1 Tex., 58; 2 Tex., 57.

On the dissolution of the injunction plaintiffs were entitled to require that the petition be continued over for trial or hearing as an original suit. 23 Tex., 292; Dallam, 436. But if the answer denies the equity in the petition it is not error to dismiss the suit, unless the plaintiffs ask that the petition be continued over for trial or hearing as an original petition or suit, which must appear of.record. 12 Tex., 60; 27 Tex., 565.

Affirmed.

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Opinion.— Held, the motion to dissolve the injunction was properly sustained. 1 Tex., 58; 2 Tex., 57.

On the dissolution of the injunction plaintiffs were entitled to require that the petition be continued over for trial or hearing as an original suit. 23 Tex., 292; Dallam, 436. But if the answer denies the equity in the petition it is not error to dismiss the suit, unless the plaintiffs ask that the petition be continued over for trial or hearing as an original petition or suit, which must appear of.record. 12 Tex., 60; 27 Tex., 565.

Affirmed.

Daugherty v. Gibbs & Carter, 2 Posey 255 (Tex. Super. Ct. 1880).

Pincite

2 Posey 255 (Daugherty v. Gibbs & Carter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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