Texas Supreme Court

Millwrights Local Union No. 2484, Petitioners v. the Rust Engineering Co., Respondent

October 30, 196812 Tex. Sup. Ct. J. 71

Summary

The Texas Supreme Court reversed the lower courts and dissolved the temporary injunction against Millwrights, holding that Rust's sworn petition did not constitute sufficient evidence to support a temporary injunction under Rule 680. The Court explained that a plaintiff must present evidence at a hearing, and an affidavit alone cannot satisfy the evidentiary burden. Justice Griffin dissented, arguing that the record contained ample evidence and would have affirmed the injunction.