International Ass'n of Machinists, Local Union No. 1488 v. Federated Ass'n of Accessory Workers, 2255-7350.

• Decision Date: 28 June 1939
• Docket Number: No. 2255-7350.,2255-7350.
• Citation: 130 S.W.2d 282
• Parties: INTERNATIONAL ASS'N OF MACHINISTS, LOCAL UNION NO. 1488 et al. v. FEDERATED ASS'N OF ACCESSORY WORKERS et al.
• Court: Texas Supreme Court

130 S.W.2d 282

INTERNATIONAL ASS'N OF MACHINISTS, LOCAL UNION NO. 1488 et al. v. FEDERATED ASS'N OF ACCESSORY WORKERS et al.

No. 2255-7350.

Commission of Appeals of Texas, Section A.

June 28, 1939.

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

Suit by the Federated Association of Accessory Workers and others against the International Association of Machinists, Local Union No. 1488, and others for an injunction, wherein the Beard & Stone Electric Company was granted leave to intervene. An order granting a temporary injunction against defendant was affirmed by the Court of Civil Appeals, 109 S.W.2d 301, and defendants bring error.

Case dismissed.

Sewall Myer, of Houston, for plaintiffs in error.

Fulbright, Crooker & Freeman and Escar R. Wren, all of Houston, for Federated Ass'n.

Fulbright, Crooker & Freeman, Charles A. Perlitz, Jr., and Whitfield H. Marshall, all of Houston, for Beard & Stone.

HICKMAN, Commissioner.

Defendants in error, except Beard and Stone Electric Company, intervenor, filed this suit in the trial court against plaintiffs in error for a permanent injunction restraining plaintiffs in error from picketing the establishment of Beard and Stone Electric Company; from congregating or assembling in the vicinity thereof; from injuring or making threats of violence against them, or any of them, and from in any manner intimidating, harassing or attacking them. Pending the trial of the case on its merits they sought and were granted a temporary injunction in accordance with the prayer of their petition. An appeal from the order granting the temporary injunction was prosecuted by plaintiffs in error to the Court of Civil Appeals, which court affirmed the trial court's judgment, thereby leaving the temporary injunction undisturbed. 109 S.W.2d 301.

After the application of plaintiffs in error for a writ of error was granted, and while the case was pending here, defendants in error filed in the trial court a motion to dismiss the cause, which motion was granted, and an order was entered dismissing same.

Defendants in error have filed a motion in this court praying that the appeal herein be dismissed. That motion was submitted along with the case. Plaintiffs in error contest the motion and say that, in lieu of the order sought by defendants in error, this court should enter its order dissolving the temporary injunction "and then dismiss this appeal and tax all costs * * * against the defendants in error." As we vie...