Flener v. City of Dallas

On Rehearing

YOUNG, Justice.

Appellees re-argue at length the sufficiency of their motion for summary judgment, Rule 166-A, Texas Rules of Civil Procedure, overruled by the trial court-; an aspect of the litigation not discussed in original opinion. Attached thereto were affidavits and certified copies of court records to effect that, prior to the instant controversy, appellant, in cause No. 2143, Criminal District Court of Dallas 'County, had been tried and convicted of keeping and exhibiting a gambling device (two-year sentence, probated), involving one of the same marble machines described…