Guerra v. McClellan

On Motion for Rehearing.

In their motion for rehearing filed herein, appellees say the order of this Court upon reversal, at most, should be one containing “instructions to the court below to- issue the temporary injunction only in the event the amended budget (of August 16, 1951) be set aside upon direct attack.” It is said that, “In an equitable proceeding such as this, the Trial Court should not be ordered to enjoin the County officials from acting under their Amended Budget until it is shown that same is invalid. The burden of showing its invalidity should be placed upon the complainant…