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137 S.W. 419

Wainwright v. Cotter

Court of Appeals of Texas

Decided May 3, 1911

Court of Appeals of Texas · decided 1911-05-03

<p>Injunction (§ 172*) — Review—Dissolution ou Temporary Injunction.</p> <p>An order dissolving a temporary injunction, granted, without notice, on the petition, will be affirmed, having been on an answer under oath, clearly denying the material facts, and supported by ample testimony.</p> <p>[Ed. Note. — For other cases, see Injunction, Dec. Dig. § 172.*]</p>

Cited by 1 later decisions — most recently June 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1911-05-03

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JAMES, C. J.

¶1 This is an appeal from an order dissolving a temporary writ of injunction, which injunction was granted, without notice, on the petition of these appellants.

¶2 The answer was a clear denial of the ma *420 terial facts under oath. We find in addition to the denials of the answer that the court heard testimony introduced hy both parties, and that the denials of the answer were supported hy ample testimony, credited hy the judge, sufficient in connection with the said sworn denials to warrant his action in dissolving the injunction. Wherefore the judgment is affirmed.

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