Opinion
No. A-33.
Decided October 11, 1944.
Injunction — Moot Case.
Where the trial court has fully and finally disposed of the issues and parties in a trespass to try title suit pending therein, and that judgment has been affirmed by the Court of Civil Appeals and a writ of error denied by the Supreme Court, an injunction to restrain the plaintiffs in that suit from further prosecuting a certain forcible detainer suit in the justice court until the suit in trespass to try title should be finally disposed of is moot and the proceedings for such an injunction will be dismissed.
Error to the Court of Civil Appeals for the First District, in an appeal from Harris County.
This is an appeal from an interlocutory order granting an application of W.C. Day and Albert Turner for a temporary injunction restraining Richard C. Gillian and wife from further prosecuting a forcible detainer suit filed by them against their tenant, Albert Turner. It seems that while the forcible detainer suit was pending in the County Court of Law No. 2 in Harris County, Gillian and his wife filed an original action in trespass to try title in the district court of Harris County, which suit has since been prosecuted to final judgment. 179 S.W.2d 575 and 141 Tex. 676. Both suits involved the same property. W.C. Day made application for a temporary injunction to restrain Gilliam and wife from prosecuting their suit of forcible detainer above mentioned, until the final disposition of the suit in the district court in trespass to try title, alleging that appellants were insolvent and unable to respond in damages or for any rents collected through the forcible detainer cause. The trial court granted the injunction. That judgment was affirmed by the Court of Civil Appeals, 181 S.W.2d 575. Gillian has brought error to the Supreme Court.
Judgments of both courts set aside and injunction dismissed.
Dick Young and P. Harvey, both of Houston, for petition. Albert J. DeLange, Frank A. Stamper, and Robert P. Beman, Jr., all of Houston, for respondents.
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 justice court in Harris County, Texas, until the above-mentioned suit then pending in the district court should be finally disposed of. It now appears that the cause in the district court has been finally tried, and that the judgment entered therein has been affirmed by the Court of Civil Appeals. 179 S.W.2d 575. Writ of error in such cause has been finally denied by this Court. The final judgment in the cause in the district court fully and finally disposes of all of the parties and issues involved in both causes above mentioned. It follows that this injunction proceeding is now moot. It is therefore ordered that the judgments of the two lower courts in this injunction proceeding be both reversed and set aside, and that this injunction proceeding be dismissed.
Opinion delivered October 11, 1944.