Raymond v. Conger

Citations

• 51 Tex. 536

Syllabus

<p>1. Finad judgment—Appead.—A judgment perpetuating an injunction without a hearing on the facts alleged in the petition on which the injunction issued, is interlocutory, and not a final judgment which can be appealed from.</p> <p>2. Injunction—Practice.—When an injunction issues to enjoin proceedings under a judgment, the proper practice on final hearing, under our blended system of law and equity, is to dispose of the whole case, both upon the injunction and the merits, in the same proceeding, and not perpetuate the injunction and reinstate the original case (proceedings under which were enjoined) for subsequent final trial on the merits.</p>