Davis v. Brotherhood of Railway Carmen of America, Local 783

Appellants have filed herein their motion for leave to file their motion for rehearing in this cause received by our Clerk'on November 6, 1954. The envelope in which the motion was received bears a Houston, Texas, postmark: “November 5, 1954, 12:30 p. m.”

Rule 458, T.R.C.P., provides a motion for rehearing must be filed within 15 days from the date of the judgment. Our judgment affirming the judgment of the court below was rendered on October 21, 1954. Under this rule appellants should have filed their motion for rehearing on or before November 5, 1954.

Rule 5, T.R.C.P., in part, provides: “* *…