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303 S.W.2d 385

Dick v. Webb County

Court of Appeals of Texas

Decided May 22, 1957

Court of Appeals of Texas · decided 1957-05-22

Relies on Byers v. Trans-Pecos Abstract Co. · May v. Lee · Kibby v. Leon

Good law ✅— No negative treatment on recordhow we know

Decided 1957-05-22

How this case has been cited

Cited by 3 later decisions — most recently September 1982

3 state decisions

101957196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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W. O. MURRAY, Chief Justice.

¶1This suit was instituted by C. B. W. Dick and three other resident property-owning, taxpaying citizens of Webb County, Texas, against Webb County, its County Judge, its four County’ Commissioners, its County Auditor, and others, seeking a permanent injunction prohibiting the defendants from purchasing materials and supplies of every kind, road and bridge material, or any other material, for the use of Webb County, its officers, departments or institutions, except upon competitive bids, in full compliance with the laws of the State of Texas, as set forth in Article 1659 of Vernon’s Civil Statutes. The defendants filed a plea in abatement and a general denial.

¶2The trial court denied the permanent injunction and C. B. W. Dick and the three other plaintiffs have prosecuted this appeal.

¶3The record shows that the appellants did not offer any evidence in support of the allegations in their petition. In Vol. 24-A, Texas Jur., p. 299, § 193, it is stated that “A permanent injunction may be granted only on a hearing and the taking of necessary proofs.” The following cases are cited'in support of this text: Charlton v. Ragnet, 6 Tex. 529; Harbert v. Owen, Tex.Civ.App., 26 S.W.2d 670; Kibby v. Leon, Tex.Civ.App., 241 S.W. 1064. See also, Hammon v. Wichita County, Tex.Civ.App., 290 S.W.2d 545.

¶4We do not find it necessary to pass upon the points raised by appellants, because in the absence of any evidence the trial court could have done nothing other than refuse to grant the permanent injunction. City of Jasper v. Brown, Tex.Civ.App., 39 S.W.2d 112; May v. Lee, Tex.Civ.App., 28 S.W.2d 202; Harbert v. Owen, Tex.Civ.App., 26 S.W.2d 670; Byers v, Trans-Pecos Abstract Co., Tex.Civ.App., 18 S.W.2d 1096; Dennett v. Dancy, Tex.Civ.App., 10 S.W.2d 1057.

¶5The judgment is affirmed.

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