Pioneer Truck Co. v. Clark

JAMES, J.

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

[479]

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 to $281 in amount. The aggregate of the claims exceeded nine thousand dollars. The term of the written contract under which this assignment was made provided, in part, as follows: “The Pioneer Truck Company, a corporation, hereby assigns, transfers and sets over unto Bex B. Clark, each and every its accounts and claims against various persons, a full and complete list of which is marked Exhibit ‘A,’ hereto attached and made a part hereof, and does hereby further agree with said Clark to deliver to him all data of every kind and character or nature in its possession relating thereto or necessary or expedient to enable the said Clark to establish the virtue of each and every said claim in the ordinary procedure in a court of justice. ’ ’ After obtaining title to these claims Clark, as appears by his allegations in the justice’s court actions hereinafter referred to, failed to secure payment from the individual debtors. He claimed that some of the alleged claims were worthless and 'did not in fact exist at the time of the assignment by respondent, and that as to others the respondent had failed to furnish him with the necessary data by which the verity of the claims might be established. Thereupon he brought eighteen suits in the justice’s court against respondent for an aggregate amount of $4,785.23. In these different actions he chose sufficient of the alleged claims to make the amount sued for in each a sum within the jurisdiction of the justice’s court. These actions were all filed on the same day; hence we assume that the liability of the respondent as to all of them, if any there was, had then accrued. The first action filed was brought to trial, a trial was had and the justice took the matter under advisement. Before decision was rendered respondent brought this action for an injunction, praying that the appellants be restrained from proceeding any further in any of the actions in the justice’s court, and that Clark be permitted by cross-complaint to set up in the injunction suit any claim which he might have as embraced within the eighteen separate actions. A temporary restraining order was made, an order to show cause was issued and hearing had thereon. At the conclusion of this hearing the-