Reseña de State Texas v. Glenn L. Kingham

State Texas v. Glenn L. Kingham de Austin Court of Civil Appeals of Texas Resumen del Libro

In our original opinion it was stated that the opinion of this Court in Lally v. State, Tex.Civ.App., 138 S.W.2d 1111, no writ history, had been cited and approved in many opinions by the Supreme Court and the Courts of Civil Appeals of Texas "but only upon the questions of venue and the holding that the contributions due under the Texas Unemployment Act are excise taxes." Such statement was erroneous in part since in the Motion for Rehearing filed by the State of Texas our attention is directed to the opinion by the El Paso Court of Civil Appeals in Harry Kestner v. State of Texas et al. in which application for writ of error was filed in the Supreme Court of Texas October 11, 1942 and was refused for want of merit. In this opinion, which was not reported at the request of the Court of Civil Appeals, the Lally case is cited and approved. Since the opinion in the Kestner case was not reported, reference thereto could not be found either in the Texas Writ of Error Tables or in Shepards Citator, as a result of which the erroneous statement has at least some justification.

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