Later courts went against this
Disapproved — as noted by a later court
The holding in McDaniel regarding the constitutionality of subdivision 27 has been disapproved in Commercial Insurance Company of Newark, New Jersey v. Adams, 369 S.W.2d 927 (Tex.Sup.1963).
medium confidence
The opinion
On Rehearing
ANDERSON, Chief Justice.
Appellees and all of the appellants except Fireman’s Fund Insurance Company and Wayne Durham have seasonably filed motions for rehearing. Pending hearing of the motions, however, they have filed herein their joint motion, in which all parties to the suit have joined, requesting leave to withdraw their said motions for rehearing and that the mandate in the consolidated causes issue immediately. They represent that a settlement of the cases by agreement is pending and that issuance of the mandate will aid it. The motions to withdraw the motions for rehearing are accordingly granted, the motions for rehearing are dismissed, and it is ordered that the mandate issue immediately.