Holt v. Purviance

DIXON, Chief Justice.

Our former opinion is withdrawn and this opinion is substituted:

Earlier we dismissed this appeal because the judgment appealed from was not a final judgment in that it did not dispose of the suit as to one of the defendants, J. B. Holt.

On rehearing the parties with our permission have filed a supplemental transcript which contains an order nunc pro tunc showing that all parties defendant except Leroy Holt, doing business as Holt Brothers Builders, were dismissed from the suit at a time antedating the entry of judgment on November 12, 1959.

Under the circumstances we shall…