City of Farmersville v. Texas-Louisiana Power Co.
| Decision Date | 29 June 1930 |
| Docket Number | No. 10852.,10852. |
| Citation | 33 S.W.2d 271 |
| Parties | CITY OF FARMERSVILLE v. TEXAS-LOUISIANA POWER CO. et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Collin County; F. E. Wilcox, Judge.
Suit by the City of Farmersville against the Texas-Louisiana Power Company and others for an injunction. From orders denying relief, the plaintiff appeals.
Affirmed.
Touchstone, Wight, Gormley & Price, of Dallas, for appellant.
W. R. Abernathy, of McKinney, for appellees.
On Application for Injunction.
The city of Farmersville, appellant, seeks an injunction commanding Texas-Louisiana Power Company, appellee, to desist and refrain from charging its patrons, in said city, lower rates for electrical service than those prescribed by ordinance adopted by said city May 6, 1930. After carefully considering the petition, in connection with the record on appeal, we are of opinion that the relief sought is precisely the same as that refused by the district judge, from whose orders this appeal is prosecuted. Our jurisdiction is appellate, we are authorized to issue such writs only when necessary to enforce the jurisdiction of this court, and, in our opinion, the writ sought in the instant case is not necessary for that purpose. The sole question presented on this appeal is as to the correctness of the trial judge's action in dissolving the temporary writ theretofore issued commanding appellee to desist from charging its patrons in said city lower rates for electrical service than those prescribed by the ordinance above mentioned, and in refusing, on second application, to grant a temporary writ for that purpose. The appeal from these orders did not confer jurisdiction the enforcement of which demands the issuance of the extraordinary writ, and, if granted, would in effect prejudge the merits of the case pending untried in the district court of Collin county. Therefore, the writ is denied on authority of the following cases and authorities cited therein: Tipton v. Railway Postal etc., Ass'n (Tex. Civ. App.) 170 S. W. 113; Texas, etc., Co. v. City of Vernon (Tex. Civ. App.) 254 S. W. 503; Taylor v. American Trust & Savings Bank (Tex. Civ. App.) 265 S. W. 727.
To continue reading
Request your trial
-
Wolf v. Young
... ... , in which John Young, County Judge of Nueces County, Texas, and the City of Corpus Christi are appellees. Wolf and his associates in this ... 548, decided in 1880, it was held that the Supreme Court had no power 'to issue an injunction, in the first instance to prevent damage to the ... 727; City of Farmersville ... v. Texas-Louisiana Power Co., Tex.Civ.App., 33 S.W.2d 271.' ... ...
-
Bank of Southwest Nat. Ass'n v. La Gasse
...writ of injuction, in order to maintain the status of the property until the final trial of the suit. City of Farmersville v. Texas-Louisiana Power Co., Tex.Civ.App., 33 S.W.2d 271, 273.' See First Trust Joint Stock Land Bank of Chicago v. Hayes, Tex.Civ.App., 90 S.W.2d 331, no writ history......
-
City of Houston v. Kunze
...Vernon, Tex.Civ.App., 254 S.W. 503; Taylor v. American Trust & Savings Bank, Tex.Civ.App., 265 S.W. 727; City of Farmersville v. Texas-Louisiana Power Co., Tex.Civ.App., 33 S.W.2d 271; Ellis v. Harrison, 24 Tex.Civ.App. 13, 56 S.W. 592; Tipton v. Railway Postal Clerks' Inv. Ass'n, Tex.Civ.A......
-
Hartley v. Brady, 4970.
...the pending controversy." 32 C.J. par. 2, p. 21. This announcement of the law is approved in City of Farmersville v. Texas-Louisiana Power Co. et al., Tex.Civ.App., 33 S.W.2d 271, 272. The appellee sufficiently alleged in the application for injunctive relief his possession of the lease and......