Opinion
Application No. 24572.
Decided December 6, 1939.
Application for Writ of Error.
An application for writ of error will be refused when it appears that no motion for rehearing was filed in the Court of Civil Appeals and that that court had not abused its discretion in overruling a motion to file a motion for rehearing after the expiration of the time fixed by statute for such filing.
Error to the Court of Civil Appeals for the Seventh District, in an appeal from Yoakum County.
Suit in trespass to try title by C.B. Quante against R.P. Moreland, plaintiff's title being based upon a sheriff's deed under an execution issued under a void judgment in a proceeding in which Moreland was not a party. That proceeding being a suit by the State for taxes against the Stockmen's Exchange Bank of Plains, the existence of which was doubtful, and whose property Moreland was in possession of at the time the suit was filed. Judgment in favor of plaintiff was affirmed by the Court of Civil Appeals, 134 S.W.2d 316, and defendant brought error to the Supreme Court.
Application refused.
Hal S. Lattimore, of Fort Worth, for plaintiff in error.
The application for writ of error is refused because no motion for rehearing was filed in the Court of Civil Appeals and it is not made to appear, either in the application for the writ or in the motion filed in the Court of Civil Appeals for leave to file a motion for rehearing after the expiration of the time fixed by the statute, that the Court of Civil Appeals abused its discretion in overruling the said motion for leave to file a motion for rehearing.