Chapman v. Leaverton , 1924 Tex. App. LEXIS 1135 ( 1924 )

On Motion for Rehearing.

Upon a re-reading of the decision of Sauermann v. El Paso Electric Ry. Co. (Tex. Com. App.) 235 S. W. 548, mentioned in our original opinion, we do not think the decision “precluded the parties to a suit where one of the parties was a corporation from taking depositions of the opposite party without reference to whether such depositions were ex parte or not.” We now think that the decision merely holds that ex parte depositions directed to the adverse party may not be taken as confessed where one of the parties is a corporation. We do not think that this decision changes the construction of deposition statutes as heretofore held.

[2] We have carefully considered appellee’s motion, especially that part attacking the constitutionality of the new act of the Thirty-Eighth Legislature (chapter 19). Appellee’s counsel has urged the unconstitutionality of the act with much force and vigor, but it is not at all clear to us that the act involved is unconstitutional. Hence the motion for rehearing is overruled.