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Ogden v. King

Court of Civil Appeals of Texas, Waco
Sep 29, 1970
458 S.W.2d 691 (Tex. Civ. App. 1970)

Opinion

No. 4937.

September 29, 1970.

Appeal from the District Court, Coryell County, Truman E. Roberts, J.

Bobby L. Cummings, Gatesville, for petitioners.

J.C. Hinsley, Austin, for respondents.


OPINION ON MOTION FOR LEAVE TO FILE APPLICATION FOR

INJUNCTION


Plaintiffs in an action against the assessor-collector of taxes of Gatesville Independent School District sought to enjoin collection of 1970 taxes. The trial court sustanied defendant's plea in abatement and dismissed the action. Plaintiffs gave notice of appeal.

These facts are made to appear by the application of plaintiffs to this court for a temporary restraining order to be effective until they perfect their appeal to this court.

We have no jurisdiction to grant the writ prayed for while the jurisdiction of this court is potential, and not active. Texas Employers" Ins. Ass'n v. Kirby, 137 Tex. 106, 152 S.W.2d 1073; Winfrey v. Chandler (1959) 159 Tex. 220, 318 S.W.2d 59, 61 syl. 6.

The motion for leave to file the application is denied.


Summaries of

Ogden v. King

Court of Civil Appeals of Texas, Waco
Sep 29, 1970
458 S.W.2d 691 (Tex. Civ. App. 1970)
Case details for

Ogden v. King

Case Details

Full title:W. S. OGDEN et al., Petitioners, v. Clovis KING, Tax Assessor Collector of…

Court:Court of Civil Appeals of Texas, Waco

Date published: Sep 29, 1970

Citations

458 S.W.2d 691 (Tex. Civ. App. 1970)

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We have no jurisdiction to issue the temporary restraining order sought in this original proceeding. Ogden v.…