Hicks Rubber Co., Dist. v. Harper

We have concluded that a correct judgment was entered by the Court of Civil Appeals in this cause and, for that reason, dismiss the application for writ of error; but we deem it advisable to take notice of one particular holding of the Court of Civil Appeals, least it create confusion with respect to an important question of practice. This language appears in the opinion of the Court of Civil Appeals (131 S. W. (2d) 749) :

“It was held by the Supreme Court in the case of Texas & N. O. Ry. Co. v. Crow, (132 Texas, 465) 123 S. W. (2d) 649, par. 8, that the failure of the. trial court to define a…