Wells Fargo & Co.'s Express v. Mitchell

At a former day of this term we overruled the appellee’s motion to dismiss this appeal, and the case was considered upon its merits. On motion for rehearing ap-pellee has called to our attention several authorities not presented in his original motion, and, after carefully reviewing them, together with the record, we have concluded that we were in error in overruling the motion to dismiss, and we therefore grant the rehearing, withdraw our opinion upon the merits, and dismiss the appeal.

The order passed by the commissioners’ court of Cooke county on February 20, 1913, and set out in the…