McHenry v. Shelton

BARROW, Chief Justice.

On Motion for Rehearing.

Our opinion of May 27, 1970, is withdrawn and the following substituted:

This is an appeal from a judgment rendered after a non-jury trial whereby appellee, James W. Shelton, recovered the sum of $925.31 from appellant, Orvil L. McHenry, for property damages sustained in a collision. The sole point on this appeal is whether the trial court erred in not dismissing appellee’s suit after he had failed to comply with the trial court’s rule for costs which was ordered a few days before appellant’s amended motion for new trial was overruled.

Appellee…