Martinez v. Southwest Bitulithic Co.

On Motion for Rehearing.

We are of the opinion that we were in error in granting judgment against the sureties on the supersedeas bond. Genaro Martinez has prosecuted his appeal with effect. He has been successful in setting aside that part of the judgment below which called for a foreclosure of a purported lien against his homestead. It is true this foreclosure was set aside because of the want of evidence to show that the wife had signed the paving liens; however, the fact remains that Genaro Martinez has prosecuted his appeal with effect.

Where an appellant prosecutes his appeal with effect,…