City of Corpus Christi v. Gregg

Our former opinion rendered on October 5, 1955, and the judgment entered thereon is withdrawn. At the time we wrote that opinion we were of the belief that this was a case wherein no motion for new trial was required to be filed by the City. That was the basis of the presentation and the arguments made in this Court and also as set out in the opinion of the Court of Civil Appeals denying respondents’ motion to affirm the case on certificate as provided in Rule 387, Texas Rules of Civil Procedure. 267 S.W. 2d 478.

In its motion for rehearing the City points out that a motion for new trial was…