Hale v. Lavaca County Flood Control District

On Motion for Rehearing

Appellants, in their motion for rehearing, assert that this Court erred in finding that appellants were represented by counsel at the hearing before the Special Commissioners. The award of the Special Commissioners as filed and as set out in the *250judgment of the County -Court recites, “ * * * and all parties having been duly notified of the time and place of meeting as by law required, and all parties appearing in person and by their attorneys, and after fully hearing said parties, * * * ” etc. (Emphasis supplied.) We find nothing in the record that contradicts such recital. If, as appellants assert de hors the record, they were not represented by their attorney, they nevertheless cannot gainsay that they were present and testified in person at the hearing, as shown both in the award and the District Judge’s finding of fact, which is not attacked.

Motion for rehearing overruled.'