Texas Reports Volume 101

Texas Reports Volume 101

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...provide that the case when appealed to the Court of Civil Appeals shall be presented by transcript and heard on the "bill and answer and such affidavits and evidence as may have been admitted by the trial court." How could there be any answer or evidence in the transcript if you appeal from ' " ' Vol. CI, Supreme--23. the granting of a temporary writ based upon an ex parte application without evidence and without notification to defendant? Would it not be absurd to require litigants to appeal from the action of a trial court in granting a temporary writ upon an ex parte hearing without evidence and without giving defendants a right to be heard when the trial court may of its own accord correct any error when it hears both sides. Certainly the Legislature did not intend to burden the Court of Civil Appeals with reviewing the action of the trial court when the trial court itself would very likely amend' or correct any error if given the opportunity to hear both sides. Was the decree of the trial court "an order or judgment granting or dissolving a temporary writ of injunction?" If so, the appellants would have fifteen days after such judgment within which to file their transcript and as we filed our transcript within that time we have perfected our appeal. The appellees contend that the judgment of the trial court is not a judgment or order granting or dissolving an injunction and therefore our appeal should be dismissed because the transcript was not filed within fifteen days from the time the writ of injunction was first issued upon ex parte hearing. Let us turn to the judgment of the court in question and we will see that the trial judge not only overruled our motion to dissolve the injunction but...show more

Product details

  • Paperback | 376 pages
  • 189 x 246 x 20mm | 671g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236800052
  • 9781236800053