Marshburn v. Stewart

On recommendation of the Commission of Appeals the Supreme Court entered a judgment affirming the judgment of the Court of Civil Appeals (240 S. W. 331) remanding this cause for a new trial, with directions to the district court to be governed by the opinion of Presiding *566Judge Gallagher. 254 S. W. 942, 946. Upon being convinced that the judgment of the district court was correct and that the Court of Civil Appeals had reversed same on erroneous conclusions of law alone, the Commission of Appeals recommended that plaintiffs in error’s motion for rehearing be granted, and that the judgment of…