Morrison v. Western Union Telegraph Co.

On Rehearing.

Both parties have filed motions for rehearing. Appellant earnestly argues that judgment should be rendered for her, on the ground that one of the two issues we held to be conflicting was an immaterial issue, and for that reason should he disregarded. The rule claimed to be applicable and controlling is that a verdict upon immaterial issues constitutes no obstacle to the rendition of a judgment otherwise properly supported and authorized. There is no doubt of the correctness of this general rule. Magnolia Petroleum Co. v. Connellee (Tex. Com. App.) 11 S.W.(2d) 158, and authorities…