Spiller v. Hollinger.

Decided January 13, 1915

Court of Appeals of Texas · decided 1915-01-13

Appeal and Error (§ 830*) — Motion fob Rehearing — Delay. The Court of Civil Appeals, delaying disposition of a motion for rehearing for nearly three years, awaiting an opinion of the Supreme Court in another case in which a writ of error has been granted, will dispose of the motion, though the Supreme Court has not rendered its opinion, and will overrule it, when satisfied of the correctness of the original opinion. [Ed. Note. — Eor other cases, see Appeal and Error, Cent. Dig. §§ 3209-3211, 3214; Dec. Dig. § 830.*]

Relies on Gale Mfg. Co. v. Dupree

Overruled · Decided 1915-01-13

ELY, C. J.

¶1 The motion for rehearing in this case was filed on April 3, 1912, and has been held up for this length of time awaiting a decision by the Supreme Court in the case of Gale Manufacturing Co. v. Dupree, 146 S. W. 1048, in which a writ of error was granted. We think, as we did when the opinion herein was written, that the opinion in the Gale Case enunciates sound and logical legal doctrine, and, as no opinion has been delivered by the Supreme Court, we will delay action on the motion no longer.

¶2 It is overruled.