No. 5309.

321 S.W.2d 636 (1959)

Charles F. DAVIS and United States Fidelity & Guaranty Company, a corporation, Appellants, v. STATE of Texas ex rel. INCORPORATED TOWN OF ANTHONY, and the Incorporated Town of Anthony, Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied March 11, 1959.

Attorney(s) appearing for the Case

Guinn & Guinn, El Paso, for appellants.

W. V. Geppert, Asst. Atty. Gen., Will Wilson, Atty. Gen., Andress, Lipscomb, Peticolas, & Fisk, William B. Jennings, El Paso, for appellees.

ABBOTT, Justice.

This is an appeal from a summary judgment granting appellee a recovery for the face amount of a superseders bond under Rules 166-A and 364, section (g), of the Texas Rules of Civil Procedure.

The judgment is assailed on two points:

(1) The honorable trial court erred in granting appellee's motion for summary judgment; (2) The honorable trial court erred in entering summary judgment finding that Rule 364(g), Texas Rules of...

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