Gerneth v. Galbraith Fox Worth Lumber Co.

This ease is before us on motion for rehearing filed by the lumber company. We have read and carefully considered this motion, and while we still adhere to the views expressed in our original opinion, 36 S.W.(2d) 191, on the matters therein discussed, we find that the motion calls to our attention an assignment of error which we overlooked in our former opinion. This matter is presented by the lumber company’s bill of exception No. 5. This bill reads as follows: ’

“Be it remembered that upon the trial of the above numbered and entitled cause in the District Court of Cooke County, Texas, said…