Ashley v. Hill

On Rehearing.

The court is of the opinion that section 6153 of the Code of 1923 does not apply to appeals in which the judgment is either reversed and rendered, or is substantially corrected to preserve a right to which the appellant was entitled, and to obtain which he was forced to appeal to this court. The difference is one of form only, so far as the penalty and costs are concerned. To correct and affirm in the instant case is the same as if the judgment had been reversed and rendered. - The 10 per cent, penalty does not attach, and appellee is taxed with the costs of appeal. N. Y. Life…