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I dissent, under the view that this court — being unwilling to grant the appellee's motion for rehearing — should retain jurisdiction of the appeal before it by withholding a refusal of that motion, and should now grant the appellee's alternative motion to certify to the Supreme Court the question of law raised by the dissent herein, as a matter of right in them, pursuant to Rule 463, Texas Rules of Civil Procedure. Simpson v. McDonald, C. J.,
142 Tex. 444 ,179 S.W.2d 239 ; Simpson v. Yarborough, Tex. Civ. App.176 S.W.2d 761 ; Akers v. Epperson, Tex. Civ. App.172 S.W.2d 512 ; Jaques v. Simms, Tex. Civ. App.172 S.W.2d 537 .
Document Info
Docket Number: No. 11700.
Citation Numbers: 189 S.W.2d 80
Judges: MONTIETH, Chief Justice, and CODY, Justice.
Filed Date: 6/21/1945
Precedential Status: Precedential
Modified Date: 1/12/2023