Southwestern Life Ins. Co. v. Kaufman County Levee Imp. Dist. No. 13

BOND, Chief Justice.

This is the second appeal of this case. On the first, Atwood v. Kelley et al., Tex.Civ.App., 127 S.W.2d 555, the judgment of the trial court, dismissing plaintiff’s suit for lack of authority of E. K. 'Atwood and E. L. Raphael to bring the suit for “Kaufman County Levee Improvement District No. 13,” was reversed and cause remanded for trial on the pleadings. Upon the second trial, the decision was recognized by the parties as “the law of the case”; no attempt being made to again challenge the right of Atwood and Raphael to bring suit for the District, and that question was…