Gillian v. Day, A-33.

• Decision Date: 11 October 1944
• Docket Number: No. A-33.,A-33.
• Citation: 182 S.W.2d 687
• Parties: GILLIAN et ux. v. DAY et al.
• Court: Texas Supreme Court

Page 687

182 S.W.2d 687

GILLIAN et ux. v.DAY et al.

No. A-33.

Supreme Court of Texas.

October 11, 1944.

Error to Court of Civil Appeals of First Supreme Judicial District.

Suit by W. C. Day and Albert Turner to restrain Richard C. Gillian and wife from further prosecuting a forcible detainer suit against Albert Turner until final disposition of original suit to try title. To review a judgment of the Court of Civil Appeals, 181 S.W.2d 327, affirming an interlocutory judgment granting an injunction, defendants bring error.

Reversed and injunction proceeding dismissed.

Dick Young and P. Harvey, both of Houston, for plaintiff in error.

Albert J. DeLange, Frank A. Stamper, and Robert P. Beman, Jr., all of Houston, for defendant in error.

CRITZ, Justice.

The original opinion of the Court of Civil Appeals in this proceeding is reported in 181 S.W.2d 327.We refer to that opinion for a sufficient statement of the facts and issues involved.

As is shown by the opinion of the Court of Civil Appeals, this is an appeal from an interlocutory order of a district court of Harris County, Texas.It was entered in a case pending in that court on application of W. C. Day and Albert Turner.It restrained Richard C. Gillian and wife from prosecuting a certain forcible detainer suit then pending in a...