Opinion
Motion No. 9429, Cause No. 5592.
Decided March 18, 1931.
Practice in Supreme Court — Motion.
Where the Supreme Court is of the opinion that they have correctly disposed of the case and in view of the contest presented are without authority to permit the motion for rehearing to be filed, a motion for leave to file a motion for rehearing will be overruled.
A quo warranto proceeding brought in the district court by the district attorney upon the relation of certain tax payers to remove from office J. B. Etheridge and other aldermen who claim to be de facto officers of the town of Hermleigh in Scurry County, Texas.
Judgment for respondent was affirmed by the Court of Civil Appeals ( 20 S.W.2d 808). Both judgments were reversed and rendered in an opinion by the Commission of Appeals ( 32 S.W.2d 828), and the time allowed for the filing of a motion for rehearing having expired, defendants in error have filed their motion for leave to file a motion for rehearing.
Motion overruled.
P. Edward Ponder and Edward J. Hammer, of Sweetwater, for plaintiffs in error.
John E. Sentell and J. M. Harris, both of Snyder, for defendants in error.
We have carefully considered the motion for leave to file a motion for rehearing in this cause, but have concluded in view of the contest that we are not authorized to permit the motion for rehearing to be filed. However, we have carefully read the motion for rehearing and are convinced that we have heretofore made a correct disposition of the case.
The motion for leave to file the motion for rehearing is accordingly overruled.