Rosenfield v. Gilmore
Texas Supreme Court
Rosenfield v. Gilmore, 32 Tex. 659 (Tex. 1870)
Walker
Rosenfield v. Gilmore
Opinion of the Court
There is no error in the action of the court below in taking up the motion to dissolve the injunction, when reached upon the call of the motion docket. (See Smith v. Ryan, 20 Tex., 665; Houston v. Berry, 3 Tex., 335.)
Nor was it error to dissolve an injunction when no bond had been filed with the district clerk before issuing the writ. (Pas. Dig., Art. 3933.) There may be very culpable negligence on the part of some of the parties concerned in directing a bond to be filed in an improper. court, and then acting upon the hypothesis that no bond had been filed in the proper court; but we see no error upon the record to warrant us in reversing the judgment. The judgment is therefore affirmed.
Affirmed.
Reference
- Full Case Name
- J. Rosenfield v. J. D. Gilmore and another
- Status
- Published
- Syllabus
- 1— It was not error for the court below to take up and dispose of a motion to dissolve an injunction, when the motion was reached on the motion docket, although the case was not called for trial. 2— When no injunction bond was filed before the issuance of the writ of injunction, it was not error to dissolve the injunction for want of a bond, though a bond was filed after the issuance of the writ.