BREITHAUPT v. STATE

No. 3605.

332 S.W.2d 452 (1960)

C. A. BREITHAUPT et ux., Appellants, v. STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Waco.

January 28, 1960.


Attorney(s) appearing for the Case

Mays and Jacobs, Corsicana, for appellants.

Jimmy Morris, County Atty., Roe, Ralston and McWilliams, Corsicana, for appellee.


TIREY, Justice.

Appellee, The State of Texas, has filed its motion in this Court to issue a mandate in this cause without prepayment of costs assessed against it in the judgment entered by this Court on February 12, 1959, reversing and remanding the cause to the trial court. See opinion Tex.Civ.App., 321 S.W.2d 361.

Appellee contends that it is entitled to this relief under the...

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