City of Tyler v. Texas Employers' Ins.

The well-argued motion by defendant in error for a rehearing stresses three points:

First, it is contended our holding is in conflict with, and in effect overrules, the case of Middleton v. Texas Power & Light Co., 108 Tex. 96, 185 S. W. 556; the point of the alleged conflict being that we have held the Texas Employers’ Insurance Association to be a corporation engaged in the insurance business on the mutual plan, whose subscribers are stockholders in such’corporation within the meaning of section 52, art. 3, of our Constitution, whereas Chief Justice Phillips in the Middleton Case held:

“The…