Eason v. David

On Motion for Rehearing.

Plaintiffs’ motion for rehearing has been considered and the same is overruled.

Regarding the exceptions to the answer of defendants Eason and O’Fiel which the trial court did not consider, it appears either that the trial court’s action was proper or that no harm could have resulted to plaintiffs from that action. See Rule 385(d), Vernon’s Texas Rules Civil Procedure; City of Wichita Falls v. Whitney, Tex.Civ.App., 11 S.W.2d 404; Head v. Commissioners’ Court of Hutchinson County, Tex.Civ.App., 14 S.W.2d 86.

The certified copies of the City’s tax judgment against…