Davis v. Moore

ALEXANDER, Justice.

By motion for rehearing appellant raises the contention that even though the statement of facts as filed is not full and complete, appellee’s remedy is not to have same stricken from the record but the burden rests on him to file a correct statement of facts in the lower court and then move to have same substituted in this court in lieu of the one now on file. In support of this contention, appellant cites Sanders Nursery Co. v. J. C. Engelman, 128 Tex. 102, 96 S. W.2d 68, and Garrisofi ,v. Great Southern Life Ins. Co., Tex.Civ.App., 69 S.W.2d 218. In each of the cases…