Tindall v. Tindall

Court of Civil Appeals of Texas
Tindall v. Tindall, 129 S.W.2d 1209 (1939)
1939 Tex. App. LEXIS 1190
Grissom

Tindall v. Tindall

Opinion of the Court

GRISSOM, Justice.

This is an appeal from an order granting a temporary injunction pending a trial on appellee’s action for divorce and to have certain property adjpdged her separate property. The temporary injunction *1210 was granted upon appellee’s petition without a hearing. In the affidavit supporting the application for an injunction, appellee swears that the allegations therein contained “are true and correct to the best of her knowledge and belief.”

It has been definitely determined that such a defective affidavit is insufficient to authorize the issuance of a temporary injunction without a hearing. Bledsoe v. Mack (Tex.Civ.App.) 57 S.W.2d 869; Moss v. Whitson (Tex.Civ.App.) 130 S.W. 1034; Collier v. Smith (Tex.Civ.App.) 169 S.W. 1108, writ refused; Smith v. Banks, (Tex.Civ.App.) 152 S.W. 449, writ refused; Lane v. Jones (Tex.Civ.App.) 167 S.W. 177; Lee v. Broocks, 54 Tex.Civ.App. 220, 118 S.W. 164, writ refused; Clarey v. Hurst (Tex.Civ.App.) 136 S.W. 840; Spinks v. Matthews, 80 Tex. 373, 15 S.W. 1101.

The judgment is, therefore, reversed and the cause remanded.

Reference

Full Case Name
Tindall v. Tindall.
Cited By
2 cases
Status
Published