21 S.W.2d 582 | Tex. App. | 1929
This is an injunction proceeding growing out of the adjudication of certain costs taxed by the clerk of the trial court in an election contest in Willacy county, now on appeal in this court under the cause herein styled Roger Robinson, County Attorney, v. C. Bostrom et al.,
We conclude that the trial judge Was acting well within his discretion in entering the order appealed from. The matter of taxing the costs was one for the trial judge to adjudicate, and a motion to retax was the proper method of invoking the exercise of that power. Such motion being filed, and before the court, it was proper that the restraining order issue pending that adjudication, and thus preserve the status quo of the subject-matter until that adjudication was regularly made.
The judgment is affirmed.