Stewart v. Newton Independent School Dist.

WALKER, Chief Justice.

For a statement of the nature of this case we refer to the statement made by Mr. Justice Combs, writing the opinion for the court on a former appeal. Stewart v. Newton Independent School District et al., Tex.Civ.App., 134 S.W.2d 429. On this trial appellant amended his petition, and on the determinative issue plead as follows : “Plaintiff shows that at the time of the execution and delivery of said vouchers hereinabove described, (the vouchers described by Judge Combs in his opinion, supra) and at the time of the refusal to pay the same hereinafter referred to, there was…