Hunt v. Clifford H. Brown Co.

1 Citing case

  1. Lewis v. Texas Power Light Co.

    276 S.W.2d 950 (Tex. Civ. App. 1955)   Cited 18 times
    In Lewis, the Dallas Court of Appeals considered, and rejected, jurisdictional arguments similar to those presented by Occidental in this case.

    We quote from the opinion of this Court in Texas Pipe Line Co. v. Burton Drilling Co., Tex.Civ.App., 54 S.W.2d 190 at page 193: '* * * appellant contends that the trial court erred in issuing the writ in question because its effect is to award in advance to appellee all relief it could obtain on final trial. We have heretofore seen that the status quo in actions of this nature 'is a condition not of rest but of action, and the condition of rest is what will inflict the irreparable injury complained of, in which circumstances courts of equity may issue mandatory writs before the case is heard on its merits.' * * *' See also Oil Lease Royalty Syndicate v. Beeler, Tex.Civ.App., 217 S.W. 1054 at page 1058; City of Amarillo v. Garwood, Tex.Civ.App., 63 S.W.2d 888 at page 890; Hunt v. Clifford H. Brown Co., Tex.Civ.App., 239 S.W.2d 178. In the second place, the trial court no doubt weighed the relative convenience and inconvenience and the comparative injuries to the parties and to the public which would arise from the granting or refusing of this temporary injunction, and found the equities to lie with appellee.