Harmon v. City of Dallas

I find myself unable to agree with the-majority on rehearing, being still of- the opinion that our original disposition of the appeal, by reversing the judgment below and remanding the cause for new trial, was. proper. It should not have been dismissed summarily without leave to amend, as the court did in this instance. The purpose of the new rules is well stated by Circuit Judge Sibley Fifth Circuit, in De Loach et al. v. Crowley’s Inc., 1 F.2d 378, at page 380, as-follows: “Under he Rules of Civil Procedure a case consists not in the pleadings but the evidence, for which the pleadings…