White, Smith & Baldwin v. Downs

On Rehearing.

Gray, Associate Justice.

This cause was before the Provisional Supreme Court in 1870, and is reported in 38 Texas, 421. Counsel for appellees claim that the opinion and judgment then delivered and pronounced are conclusive of this case. The cause and parties are the same; but if we understand the complex, voluminous and multifarious pleadings, interventions and reconventions in *227the several consolidated suits, with the numerous exceptions, exhibits, etc., repeated time and again in various forms, in the record now here, which tend to confusion rather than to plain and clear…