167 S.W. 186 | Tex. App. | 1914
This is an appeal from an order refusing an injunction, and a companion case to the case of Acme Cement Plaster Co. v. American Cement Plaster Co., 167 S.W. 183, No. 609 in this court. The cause of action alleged is substantially the same as that alleged in No. 609. The appellant alleged:
"The Acme Cement Plaster Company, plaintiff, complaining of John C. Keys, defendant, represents that plaintiff is a corporation chartered under the laws of the state of Illinois, and has a permit to do business in Texas, and that the residence of defendant is unknown, but that he has agents and employes residing in Hardeman county, Tex., upon whom process may be served."
The general allegation is that the defendant and his agents and employes, over the protest of plaintiff, committed the trespasses therein complained of.
Appellant appears to have sought jurisdiction over Keys by alleging he has agents in Hardeman county. He is not alleged to be a corporation; therefore service must be had on him in person. The agents are not named in the petition. It is alleged that Keys and his agents were at that time committing the trespasses. Keys was not a resident of the county, and presumably not in the county, and personally he could not be guilty of the act. The agents were not made parties, and hence could not be enjoined. The citation could not be served on them and thereby bring Keys into court. We know of no statute which authorized the writ of injunction to be served on the agent. The agents could not be a party, unless made so by the petition, and could not be included in the injunction writ. Fellows v. Fellows, 4 Johns.Ch. (N.Y.) 25; Scott v. Donald,
The case is affirmed.