McNeny v. Railroad Commission of Texas

McClendon, chief justice.

This is a rule 37 (oil well spacing rule) case. The merits of the controversy concern the right of appellee Bering Oil Company (called defendant for convenience) to drill an oil well upon a 1/4-acre tract in the East Texas Oil Field. The questions which the appeal involves do not, however, concern the merits of the controversy, but only questions of procedure are raised, alternately, by one side or the other. The controlling record facts, stated chronologically, follow (all dates are in 1935, except as otherwise stated) :

August 7th, appellants (called plaintiffs for…