Warner v. Buckley

At a former day of the present term of this court we handed down an opinion in this case. On a review of what we there said we have concluded that we were in error, and we now withdraw that opinion, and in lieu thereof substitute the following:

The record shows that this case was not tried before Hon. Charles L. Klapproth, the regular district judge of the district court of Ector county, but was tried before Hon. John L. Fowler as special district judge, selected by the practicing attorneys present, in the absence of the regular' judge. The record shows the regular term of the court came on to…