Local No. 65, Musicians Protective Ass'n v. Sammons

On Appellee’s Motion for Rehearing.

On reconsideration, it is determined that the judgment of February 16th last, reversing and remanding this cause for the inquiry by appellee’s counsel on cross-examination of the witness Stokes as to whether the appellant Union “was the same one that objected to the army band playing in Houston the other day”, was error; the original opinion recited that the trial court erred in overruling appellants’ “motion to discharge the jury and declare a mistrial—duly made and adversely acted upon before any judgment in the case was entered—”, whereas it should have…