Smith v. Morgan

On Rehearing.

Appellee, in his motion for rehearing, complains only of our refusal to strike-appellant’s brief. In that connection he insists that the facts with reference to the filing of appellant’s brief are different from the facts in the companion case of E. G. Smith v. T. Anderson (Tex.Civ.App.) 92- S.W.(2d) 1061, referred to in our original opinion. Here, as in the Anderson Case, appellant’s brief was filed within the time required by statute (Vernon’s Ann.Civ.St. art. 1848). Appellant’s counsel did not furnish a copy of the brief to appellee’s counsel in either case. But in the…