Texas Employers Ins. Ass'n v. Johnson

SPEER, Justice.

On April 27, 1936, we overruled appel-lee’s motion to issue mandate without payment of costs when she had filed her affidavit of inability to pay. By memoranda we stated this action was taken on authority of Texas Employers’ Insurance Ass’n. v. Davidson (Tex.Civ.App.) 290 S.W. 871.

Appellee presents her motion for rehearing on that order, and we believe thi's motion should be granted.

The authorities on the question are • in conflict, and believing those favorable to the rehearing are based upon the sounder reasoning, we are inclined to give the ap-pellee the benefit of our…