Pioneer Truck Co. v. Clark

This appeal is taken from an order granting an injunction, by which order the appellants were “enjoined and restrained from doing any act in the prosecution of, or in any way prosecuting those certain actions, or any of them,” at the time pending in the court of appellant Bryan, a justice of the peace. In form the injunction is of a permanent character, although when the stage of the proceedings at which it was made is observed it appears to be a temporary injunction merely, or one granted pending final determination of the issues joined in the complaint and answer. For all necessary purposes it may be considered as a temporary injunction only. Under this assumption all questions presented may be considered.

[1] The facts, as shown by the allegations of the complaint, are that various differences having existed between respondent and appellant Clark, a written agreement was entered into settling all disputed matters. One considera tion, among many others which under the settlement contract moved to Clark from respondent, was the assignment of claims said to exist in favor of respondent against sundry individuals (several hundred in number), said claims ranging from thirteen cents…