Anderson v. Houts , 1922 Tex. App. LEXIS 707 ( 1922 )

On Motion for Rehearing.

Upon consideration of appellees’ motion for rehearing, the same is granted in so far as a writ of mandamus was awarded and overruled as to the injunction. The appellees were acting under what they conceived to be a valid law at the time, and were so advised to act by the Attorney General of this state, and it is not made to appear that the court will not now perform the functions of their office, but we believe they will.

It is apparent that the only matter intended to be presented and actually passed upon by the learned trial judge was as to the validity of the law. We do not believe the ruling of this court should be further extended; besides, it was a hearing only, as we consider it, confined entirely to the validity of the law in question and for a temporary restraining order. Thorne v. Moore, 101 Tex. 205, 105 S. W. 985. The judgment is so reformed as to deny relief under the prayer of the petition for the writ of mandamus to issue. That part of the judgment is recalled, and, as to that, the motion is granted. But that portion in respect to granting the writ of injunction will continue the judgment of this court, and, as to that portion of the judgment, the motion is overruled.