Menifee v. Myers

Citations

• 33 Tex. 690

Syllabus

<p>1. If a petition for an injunction be not verified by oath or affirmation it should be dismissed, on motion of the defendant, at any time' before trial upon the merits.</p> <p>2. Although a petition for an injunction to stay execution disclosed matters ■which would, if proved, have established a good deiense to the original action, yet tho petition is bad ior want of equity if it shows no reason why such defense was not interposed, nor why the petitioner had not resorted to legal remedies afforded him; and it- was obvious error for the district court to grant relief on such a petition withoutproof of its allegations.</p>