International & Great Northern Railroad v. Hood

(on motion for rehearing by appellant).— TJpon a reconsideration of this case we have reached the conclusion that we erred in our former disposition of the case in holding that the statement of facts could not be considered as it was copied in the transcript and was not the original. When the statement of facts is copied in the record, instead of having the original sent up, unless objection is made the irregularity will be considered waived and the said statement -will be considered in deciding the case. Royal Ins. Co. v. Texas & G. Ry. Co., 102 Texas, 306.

There was a waiver in this case by…