Texas & N. O. R. v. Harris

On Rehearing.

The only feature of the motion for rehearing to which we deem it necessary to refer is that which complains of the rendition of the judgment. In that connection appellee calls attention to cases holding it proper to remand for retrial to permit amendment of the pleadings where the ends of justice will be better subserved by such action. None of the cases cited presented the situation of a judgment rendered in the court below contrary to that required by the verdict. So far as we have been able to discover, the uniform practice in the appellate court is to reverse and render the…