Legal Opinion

Vance v. Miller

Court of Appeals of Texas

Decided October 29, 1914No. 392Published

Appeal from District Court, Martin County; S. J. Isaacks, Judge. Suit by J. R. Yanee against A. B. Miller and others. From a decree for defendants, plaintiff appeals.

1Opinion

On Rehearing.

[3] Appellees, in their motion for rehearing, insist that the opinion rendered in this case is in conflict with Railway Co. v. Blum Independent School District, 143 S. W. 353, Underwood v. Childress, Ind. School District, 149 S. W. 773, and Cooper v. Avery, 168 S. W. 412. Our opinion in no wise conflicts with these cases. The first case cited was controlled by the second proviso in section 57 of chapter 124, Acts of 29th Leg. This proviso is not now in force, having been repealed by the Acts of the 31st Leg. e. 12, as pointed out in the last two cases mentioned. As stated in said…

2Cases cited3 opinions

  1. Gulf, C. & S. F. Ry. Co. v. Blum Independent School Dist.Court of Appeals of Texas · 1911
  2. Underwood v. Childress Independent School Dist.Court of Appeals of Texas · 1912
  3. Cooper v. AveryCourt of Appeals of Texas · 1914

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