Spikes v. Smith

After careful consideration of petitioners’ Motion for Reconsideration or Rehearing herein, and of respondents’ Answer to Motion for Reconsideration, we withdraw our opinion delivered in this cause on December 10, 1964, and substitute therefor the following:

Petitioners have filed with us a motion for leave to file a petition for writ of mandamus requiring the Hon. Magus F. Smith, Judge 'of the 93rd Judicial District of Texas, Hidalgo County, to set aside his order granting a new trial in Cause No. B— 22,505, Diaz, et al., v. Spikes, et al., in said court, and to reinstate the judgment for…