Parr v. Gardner

Appellees’ Motions for Rehearing.

The appellees criticize our citation of the case of the City National Bank v. Morgan (Tex. Civ. App.) 258 S. W. 572, and claim that the quotation made by us from that opinion does not present the real holding of the court in that ease; also that, in the same case on another appeal [(Tex. Civ. App.) 277 S. W. 403], we held that Judge Boyce in the first ease laid down abstract propositions based on the plaintiff’s.pleadings, which were not intended .as an adjudication of the rights of the plaintiff under the evidence in the case. We did make that assertion in…