Musick v. Hunt

• Decision Date: 28 January 1963
• Docket Number: No. 14159,14159
• Citation: 364 S.W.2d 252
• Parties: Levoy MUSICK, Relator, v. Honorable Wilmer B. HUNT, District Judge, et al., Respondents,
• Court: Texas Court of Appeals

Page 252

364 S.W.2d 252

Levoy MUSICK, Relator, v. Honorable Wilmer B. HUNT, District Judge, et al., Respondents,

No. 14159.

Court of Civil Appeals of Texas, Houston.

Jan. 28, 1963.

C. C. Divine, Houston, counsel for relator.

Bracewell, Reynolds & Patterson, Robert I. Peeples, Houston, for all respondents except Judge Hunt.

WERLEIN, Justice.

This is an original proceeding filed in this Court by Relator, Levoy Musick, applying for a writ of prohibition against the Honorable Wilmer Hunt, Judge of the 133rd Judicial District Court of Harris County, Texas, and a writ of injunction against Arch Hollingsworth, Trustee, and Bracewell, Reynolds & Patterson, and Ted Musick, as agents and attorneys of Hollingsworth.

Relator avers that the respondents, whom he seeks to enjoin, filed an affidavit in Cause No. 594,300, which is a trespass-to-try title suit instituted by said respondents and now pending in the 151st Judicial District Court of Harris County, charging that relator was in disobedience of a temporary injunction granted in said cause restraining him from taking possession of or attempting to take possession of certain lands, and from going on or about the same and from attempting to gain possession by force or otherwise of any property which is the subject matter of such trespass-to-try title suit. Relator also avers that pursuant to suit affidavit a judgment of attachment was granted against relator returnable to the 133rd Judicial District Court for a hearing before such court on December 14, 1962 at 9 o'clock a. m., and that such hearing would proceed unless restrained and prohibited by order of this Court.

Relator further alleges that the order granting such temporary injunction was and is invalid and that said District Court has no authority to hear said complaint of contempt, and that relator had no adequate remedy other than to petition this Court for a writ of prohibition against said Honorable Wilmer Hunt and any other District Judge of Harris County from hearing any affidavit of contempt involving said injunction order, the appeal from such injunction order having been perfected in this Court prior to relator's alleged violation of such order as shown in said respondents' affidavit charging contempt.

In the affidavit filed by said respondents it is alleged that the writ of injunction was duly served on relator on November 9, 1962, and that he had refused to obey the same, and had on December 7, 1962, accompanied by several others, proceeded to go on or about the premises known as the 618.7 Acre Tract and the premises known as the G. A. Parker 100 Acre Tract, and attempting to gain possession of said premises, harassed the occupants thereon by locking a gate leading into said premises and by placing himself near the gate with a loaded double barrel shot gun; that relator refused to let Mrs. Paul Carter, occupant of said premises, return to her house after she had delivered her children to the school bus line, and had otherwise disobeyed said injunction which specifically restrained the said relator from going on or about the premises or attempting to gain possession of the G. A. Parker 100 Acre Tract or of said 618.7 Acre Tract in the William White Survey.

This Court, on December 13, 1962, issued a temporary restraining order restraining the judge of the 133rd Judicial District Court of Harris County from proceeding to hear...