Herron v. De Bard

Citations

• 28 Tex. 602

Syllabus

<p>Where an answer in an injunction cause denies all the material allegations in the petition, and the petitioner files an affidavit traversing one material fact, but leaves the truth of other equally material facts uncontroverted, it is proper to dissolve the injunction. (Paschal’s Dig., Arts. 3934, 3935, Note 947.)</p> <p>Where the injunction was properly dissolved, it becomes unnecessary to decide upon the propriety of reading the affidavit of the plaintiff contradicting the answer of the defendant. (Paschal’s Dig., Arts. 3934, 3935, Note 947.)</p>