Opinion
No. 6278.
Decided June 30, 1934. Motion for Rehearing Overruled October 24, 1934.
Writ of Error — Question of Law — Affirmance.
Where, since the writ of error was granted, the court has settled the question of law involved in another case adversely to the plaintiff in error, the judgment will be affirmed.
Error to the Court of Civil Appeals for the Sixth District in an appeal from Rusk County.
Suit brought by A. L. Walker and others against George W. Lyles and others to set aside and cancel a judgment.
The district court sustained defendant's plea of res ad judicata and entered judgment for defendants on July 15, 1931. Notice of appeal was given and transcript filed in Court of Civil Appeals on October 23, 1931. In due time defendant in error filed motion to strike out the statement of facts and transcript and to affirm on certificate, both of which motions were granted and plaintiffs brings error to the Supreme Court.
The case was referred to the Commission of Appeals, Section A, for their opinion thereon and the Supreme Court adopted same and ordered the entry of judgment in accordance therewith.
Affirmed.
Barkley Webb, of Houston, Joseph H. Byers, of Henderson, Moody Robertson, of Austin, for plaintiffs in error.
C. F. Richards, of Lockhart, and R. E. Seagler, of Houston, for defendants in error.
The opinion of the Court of Civil Appeals in this case is reported at 45 S.W.2d 315. It fully states the case and the issues involved. Since this writ was granted the law question here involved has been settled by the Supreme Court adversely to the contentions of plaintiff in error. Hunter v. Moore, 122 Tex. 583, 62 S.W.2d 97, and Red v. Bounds, 122 Tex. 614, 63 S.W.2d 544. The Supreme Court still adheres to the rulings announced in these opinions.
The judgment of the Court of Civil Appeals is affirmed.
Opinion adopted by the Supreme Court June 30, 1934.