Austin Bros. v. Montague County

On Motion for Rehearing.

We have considered the motion for rehearing in this case, and carefully examined the recent decisions urged in support of the proposition that our conclusions as expressed in our original opinion are erroneous. The case of Derrett v. Britton, 35 Tex. Civ. App. 485, 80 S. W. 562, we think is distinguishable from the case before us, in that there it was alleged, and on demurrer taken as true, that sufficient funds to pay the debt involved was on hand, while in this case it was found, and the evidence undoubtedly tends to show, that no sufficient funds of the current year…