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COZBY v. TUTTLE

No. 17473.

505 S.W.2d 397 (1974)

Stanley O. COZBY et al., Appellants, v. Mildred E. TUTTLE, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 22, 1974.

Attorney(s) appearing for the Case

Davis, Walker, Ligon & Nix, and Fred W. Davis and Rodney E. Gerik, Arlington, for appellants.

Walker, Bishop & Larimore, and John R. Lively Fort Worth, for appellee.

OPINION

LANGDON, Justice.

The sole question presented on this appeal is whether or not the trial court erred in exercising jurisdiction over the subject matter.

We find and hold that it did not.

The prayer contained in the plaintiff's (appellee's) first amended original petition consists of the following language:

"WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be temporarily restrained and enjoined pending a hearing...

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