Opinion
Motion No. 10,410.
Decided October 13, 1932.
1. — Motion for Rehearing — Disrespectful Language.
Motion for rehearing on application for writ of error with accompanying argument containing disrespectful language attacking the character of the trial and appellate judges who passed upon the case, not justified by the record nor bearing upon the legal question involved in the case, will be stricken from the files and ordered returned to author.
2. — Same — Additional Time to File Amended Motion.
Where motion for rehearing is stricken from files because of direspectful language therein, the court may grant additional time in which to file amended motion in conformity with rules, in order that no injustice may result to plaintiff.
Motion by defendants in error to dismiss amended motion for rehearing of application for writ of error, which had been dismissed for want of jurisdiction. Granted.
For opinion of case in Court of Civil Appeals see 47 S.W.2d 625.
E. G. Senter, of Dallas, for plaintiffs in error.
Willis, Studer Studer, of Pampa, and Clem Calhoun, of Amarillo, for defendant in error, and for motion to dismiss amended motion for rehearing.
1 The amended motion for rehearing on application for writ of error, together with a supplemental argument in support thereof, filed by E. G. Senter, Esq., one of counsel for plaintiffs in error, contain disrespectful language attacking the character and motives of a district judge and the judges of the Court of Civil Appeals who passed upon this case in a manner having no bearing on the legal questions here involved and without anything in the record to justify such accusations. For this reason the motion, with its exhibits and supporting argument, is stricken from the files and the Clerk of this Court is ordered to return them to the author.
2 In order that no injustice may be done to plaintiffs in error an amended motion for rehearing on the application for writ of error will be given due consideration by this Court if they will, within ten days, prepare and file such a motion couched in language conformable to the rules of this Court.