Home Inv. Co. v. Strange

[1] Our action on the motion for rehearing in so for as it authorized the rendition of judgment against the surety on the supersedeas bond was erroneous. The judgment as rendered by us in Strange’s favor against the defendants W. J. Moroney and Home Investment Company in our action on the motion was for a materially less amount than the judgment decreed against them in the trial court. With this true it was improper to render any judgment against the surety on the bond. Connor v. City of Paris, 87 Tex. 32, 27 S. W. 88. The judgment as reformed and rendered on the motion fdr rehearing will…