Nystel v. Gully

Tliis is the second appeal of this case; the first being reported in 233 S. W. 122. The present appeal is based upon the action of the trial court in sustaining certain of appellee’s special exceptions to appellant’s petition, and for dismissing appellant’s suit for want of prosecution; appellant having declined to amend his pleadings, álthough given an opportunity to do so, or to proceed with the case after the court had sustained the special exceptions to his petition.

The record contains no statement of facts or bills of exception, or assignments of error. We are therefore precluded from…