Cooks', Waiters' & Waitresses' Union, No. 399 v. Theoharis
| Decision Date | 03 March 1921 |
| Docket Number | (No. 1218.) |
| Citation | 228 S.W. 984 |
| Parties | COOKS', WAITERS' & WAITRESSES' UNION, NO. 399, et al. v. THEOHARIS et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Eastland County; Geo. L. Davenport, Judge.
Action between L. Theoharis and others and the Cooks', Waiters' & Waitresses' Union, No. 399, and others. From an order overruling a motion to dissolve an injunction theretofore issued, the latter appeal. Affirmed.
Frank Judkins, of Eastland, and J. E. Ingram, of Ranger, for appellants.
L. R. Pearson and Levy & Evans, all of Ranger, for appellees.
This is an appeal from an order overruling a motion to dissolve an injunction theretofore issued. Upon the hearing evidence was offered by both sides upon the issues presented. No briefs have been filed in this court by either side. No findings were filed by the trial court, and in this condition of the record it must be assumed that the court below resolved all controverted issues of fact in favor of the appellees. Reed v. Brewer, 90 Tex. 144, 37 S. W. 418, and other cases cited in 1 Michie, Dig. 753.
An examination of the statement of facts discloses that the evidence was conflicting upon the issues raised.
Upon the record, as presented, we find no error, for it is a fact case, the evidence conflicting, and the presumption obtaining that all controverted issues of fact were resolved against the appellants.
For this reason, the judgment must be affirmed.
To continue reading
Request your trial
-
Highsmith v. Tyler State Bank & Trust Co.
...And it must be presumed that all issues of fact raised by the evidence were decided against appellants. Cooks', Waiters' & Waitresses' Union v. Theoharis, Tex.Civ.App., 228 S.W. 984. Since the will had been admitted to probate in the county court the burden of proof was upon the appellants ......
-
Texas Employers' Ins. Ass'n v. Suttles
...App.) 212 S. W. 303; Blewett v. Richardson Independent School Dist. (Tex. Civ. App.) 230 S. W. 255; Cooks', Waiters' & Waitresses' Union, No. 399 v. Theoharis (Tex. Civ. App.) 228 S. W. 984. The evidence clearly shows that Mamie Suttles, the deceased, at the time of the fatal accident was o......