(DOWNLOAD) "City San Antonio Et Al. v. Virginia Handley" by Supreme Court of Texas * Book PDF Kindle ePub Free
eBook details
- Title: City San Antonio Et Al. v. Virginia Handley
- Author : Supreme Court of Texas
- Release Date : January 18, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
City, by its motion for rehearing, invites our attention to the fact that ten of the appellees were transferred into the Department of Public Works in 1952. They are, appellees Ward, Moore, Tease, Casey, Clack, Davis, Granieri, Hopkins, Janert, and Blas Rodriguez. City argues that the transfer was a bona fide reorganization and not a paper transfer, and that those employees were placed under the direction and supervision of the Director of Public Works. City argues that those appellees delayed their action seeking reinstatement as policemen for four years and that a fact issue concerning laches is present as to them. No new or different employees were hired by the City because of the reorganization and the work of the ten appellees continued the same as it did before. The situation is similar to that presented in City of San Antonio v. Castillo, Tex.Civ.App., 293 S.W.2d 691, 695. In our opinion, however, laches was not raised by the pleadings. Five different suits were consolidated in the trial court. The pleadings and answer which concern and relate to these ten employees do not mention an issue of laches. Laches was not in the case. Rule 94, Texas Rules of Civil Procedure; Culver v. Pickens, 142 Tex. 87, 176 S.W.2d 167; Perkins v. Martel, Tex.Civ.App., 277 S.W.2d 741.