Opinion

McElya v. Brown

  • 440 S.W.2d 863
Court
Court of Appeals of Texas
Filed
Apr 18, 1969
Status
Published
Author
Renfro
On the bench
Renfro
Cited by
0 cases

The opinion

OPINION

RENFRO, Justice.

L. E. Brown obtained a judgment against O. R. McElya.

Subsequently, McElya filed suit against Brown in the nature of a Bill of Review.

Ancillary thereto, McElya prayed for a temporary injunction to prevent the Sheriff of Dallas County and others from levying or otherwise attempting satisfaction of an execution under the original judgment.

The request for temporary injunction was by the District Court denied.

McElya appealed.

It has been made known to this Court that the amount of the judgment against McElya was by him voluntarily paid to the Sheriff prior to the Sheriff’s sale date, and the sale was called off.

The appellees have filed a motion in which they request dismissal of the appeal from the order denying the temporary injunction. The motion has not been contested by McElya.

It appearing the appeal is now moot, the appeal is dismissed at appellant’s cost.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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