Summary
In Lone Star Gas Co. v. Hutton (Texas, 1933), 58 S.W.2d 19, where plaintiff's land was injured by the laying of a pipe line diverting the natural flow of water and damages to crops on plaintiff's land ensued, it was held the injury was permanent.
Summary of this case from Klein v. GarrisonOpinion
Motion No. 10622. Cause No. 6176.
Decided March 15, 1933.
Mandamus — Motion to Dismiss.
Where question raised by respondent's motion, asking that leave to file petition for mandamus, previously granted to relator, be withdrawn and cause dismissed, having been disposed of in main case (Caples v. Walker, Comr., post 285) in favor of respondent, motion will be granted and cause dismissed.
The motion was referred to the Commission of Appeals, Section B, for their opinion thereon, and the Supreme Court adopted same and ordered entry of judgment in accordance therewith.
W. H. Flippen and John T. Gano, both of Dallas, and Ben H. Powell, of Austin, for relator.
James V. Allred, Attorney General, for respondents.
Respondent, J. H. Walker, Land Commissioner, has filed a motion in this case asking that the leave heretofore granted relator to file petition for mandamus be withdrawn and the application dismissed, upon the ground that the land upon which relator seeks a mandamus to compel him to issue a mineral lease was patented to M. T. Cole prior to the filing of relator's petition in the Supreme Court.
The question raised by this motion has been determined in favor of respondent's contention in Cause No. 1419-6177, W. J. Caples, Relator, v. J. H. Walker et al., Respondents, this day decided (post 285). For the reasons there assigned the motion must be sustained.
We therefore recommend that respondent's motion be granted, and that leave to file petition for mandamus heretofore granted relator be withdrawn and the application dismissed.
Leave to file petition for mandamus is withdrawn and petition is dismissed.
C. M. CURETON, Chief Justice.