National Surety Corp. v. Standard Concrete Pipe Sales Co.

COLEMAN, Justice.

This is an appeal from a summary judgment in favor of a materialman, and against a general contractor and the surety on a payment bond executed in compliance with Art. 5160, R.C.S. Included in the judgment was an .order severing appellee’s claim for attorney’s fee under Art. 2226, R.C.S.

Appellant specifically excepted to the action of the trial court in granting the severance, and on this appeal presents a point that this action of the trial court was error requiring a reversal of the case.

Rule 174, Texas Rules of Civil Procedure, authorizing separate trials of claims or…