Stanolind Oil & Gas Co. v. Midas Oil Co.

BAUGH, Justice.

This is a Rule 37 case on second appeal to this court. The first appeal is reported in 123 S.W.2d 911, writ dismissed. On the former appeal we set aside as invalid the permit involved and reversed and remanded the case with instructions. On the motion for rehearing, however, and because the trial court had rendered judgment against plaintiff, appellant therein, at the close of its evidence, and without any evidence having been offered on the part of the defendants, we reversed and remanded the case for another trial. Upon the second trial hereof, the trial court, upon motion of…