Nall v. Malley, 2420.
Citation | 55 S.W.2d 593 |
Decision Date | 15 December 1932 |
Docket Number | No. 2420.,2420. |
Parties | NALL v. MALLEY et ux. |
Court | Court of Appeals of Texas |
Appeal from District Court, Jefferson County; Geo. C. O'Brien, Judge.
Suit by Joe Malley and wife against E. L. Nall. From a temporary restraining order, defendant appeals.
Appeal dismissed.
E. L. Nall, of Beaumont, for appellant.
E. M. Venable, of Beaumont, for appellees.
By their petition filed in this case, appellees alleged that they were the owners of certain real estate in the city of Beaumont; that appellant held notes against this property in the sum of more than $1,700; that appellant was about to foreclose his lien against this property; and further, certain facts as a basis for enjoining appellant from foreclosing his lien. On the facts alleged, they made the following prayer:
Upon presentation of their petition to the district judge of the Fifty-Eighth district court of Jefferson county, he indorsed thereon his flat, as follows:
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Smith v. Coleman
...Ann. Cas.1917B, 121. And there is authority to the effect that no appeal lies from a mere temporary restraining order. Nall v. Malley, Tex.Civ.App., 55 S.W.2d 593; Lokey v. Elliott, Tex.Civ.App., 88 S.W.2d 126; 24 Tex.Jur. sec. 234, p. 291; Railroad Commission of Texas v. Real, Tex.Civ. App......
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Smith v. State
...Mickle v. Garrett, Tex.Civ.App., 110 S.W.2d 1235; Swift v. Callaghan Land & Pastoral Co., Tex.Civ. App., 120 S.W.2d 459; Nall v. Malley, Tex.Civ.App., 55 S.W.2d 593. Although we are required to dismiss the appeal we deem it proper to observe that, in our opinion, Articles 666— 29 and 667—27......
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Arvol D. Hays Construction Co. v. R & M Agency Corp.
...the temporary restraining order is not appealable. 31 Tex.Jur.2d, Sec. 207, p. 325, and authorities there cited. See also Nall v. Malley, 55 S.W.2d 593 (Beaumont Civ.App., 1932, no writ hist .); Smith v. State, 140 S.W.2d 299, 301 (Eastland Civ.App., 1940, no writ hist.) citing numerous aut......