City of San Antonio's Firemen's & Policemen's Civil Service Commission v. Villanueva

ON APPELLANT’S MOTION FOR REHEARING

Appellant contends in his first point of error that this court erred in holding that the affidavit of Inspector Foresman setting forth that he ordered appellee’s commanding officer to give appellee the notice of contemplated charges is “insufficient to controvert appellee’s testimony of no notice.”

The Inspector’s affidavit avers on personal knowledge that he gave the order to appellee’s commanding officer to give the required notice to appellee. Appellant asserts that there is a presumption that a public officer will discharge and has discharged his duty.…