Cunningham v. Holt

Appellant on motion for rehearing complains of the decision rendered in this cause by a majority of the court (Chief Justice Tarlton not sitting), for the reason that we there held that a solvent as well as an insolvent person could make an assignment under arts. 65a, 65c, Revised Statutes of Texas.

The point was not briefed nor argued, and, with the concurrence of the other members of the court, I withdraw that part of said opinion — counsel for appellant having cited us to authorities which hold in effect the other way, and which I failed to find. Blum v. Welborne, 58 Tex. 157; Hudson v.…