On Motion for Rehearing
Appellant’s motion for rehearing urges error in the holding of this Court to the effect that his unsworn answer alone was insufficient to preclude the granting of summary judgment where the movants’ motion and affidavits showed them to be entitled to same, absent a showing by appellant of a fact issue. We continue to adhere to such holding and cite the following additional authorities: Holland v. Landsdowne-Moody Co., Inc., Tex.Civ.App., 269 S.W.2d 478; Gulf, Colorado & Santa Fe Ry. Co. v. McBride, Tex., 322 S.W.2d 492; Stafford v. Wilkinson, 157 Tex. 483, 304 S.W.2d 364; Rolfe v. Swearingen, Tex.Civ.App., 241 S.W.2d 236; Aydelotte v. Anderson, Tex.Civ.App., 280 S.W.2d 945, 947.
In the last cited case this court said:
“It has been held that where the moving party’s adversary filed no counter affidavit, made no showing *510other than as stated in his unsworn pleadings, made no showing to the effect that affidavits on his behalf were unavailable, such adversary has in effect admitted the sworn facts alleged by the movant’s attached affidavits to be true, for which reason a summary judgment should be granted and under such circumstances the trial court is left without any alternative in the matter. Rolfe v. Swearingen, Tex.Civ.App., 241 S.W.2d 236.
“As against appellee’s uncontrovert-ed material facts conclusively established under oath in support of his claims, appellant appeared for the hearing before the trial court without anything to refute appellee’s claims other than his unsworn pleadings. Under the record before us, supported by the authorities cited, it is our opinion that the trial court was justified in sustaining appellee’s motion for summary judgment and rendering its judgment accordingly.”
Additionally, a mere allegation of non-uniformity and inequality in assessment of taxes does not allege substantial injury. It is our opinion that even had there been an admission, affidavit, deposition, or like proof of nonuniformity and inequality in assessment the record would still not have raised a fact issue in this case under the authority of the Whittenburg case and the Federal Land Bank case cited in our original opinion.
Appellant continues in his motion for rehearing to urge the limitation question asserted in his brief before this court, contending that the injunction in Cause No. 3527 in the District Court of Collingsworth ■County did not enjoin the bringing of suit but only collection of the taxes. We believe such contention is merely a play on words and that the trial court’s judgment in the injunction case refutes such position. The judgment provided “ * * * if not restrained from doing so, the defendants will file suit against the plaintiff to foreclose an alleged tax lien on certain bank stock owned by appellants in City State Bank, Wellington, Texas, such tax alleged to be due for the years 1947 and 1948 and that if such suit is filed the plaintiff will suffer an injury and from which he has no adequate remedy at law; * * Sf’>
The judgment then provides that the clerk of that court issue a writ of injunction restraining and enjoining the tax authorities “from doing any act tending to collect such taxes; * *
We do not believe it could be said that doing any act tending to collect such tax would not include the filing of a suit for that purpose.
It is obvious that the taxes assessed for 1947 and 1948 are many years past due and the tax units have been deprived of the use of the money during this period of time. We believe from the record in this case we have no alternative except to affirm the judgment of the trial court, which is accordingly done.