City of Dallas v. McDonald

GERMAN, Commissioner.

Upon, careful reconsideration we have concluded that we were .in error in affirming the judgment of the Court of Civil Appeals. The opinion heretofore rendered in this case on November 4, 1936, reported in 98 S.W.(2d) 167, is hereby withdrawn, and the following shall constitute the opinion of the court:

Defendants in error, C. M. McDonald and five others, who will be referred to herein as plaintiffs, instituted this suit in the district court of Dallas county against the city of Dallas and its governing officials, as well as the Civil Service Commission, seeking mandamus…