McDaniel v. Orr

In our original opinion [30 S.W.(2d) 489] we held that the Court of Civil Appeals erred in reversing and remanding the judgment of the trial court for the reason assigned in its opinion.

Defendant in error is correct in the insistence made in his motion for rehearing that, under the rule announced by our Supreme Court in Holland v. Nimitz, 111 Tex. 419, 232 S.W. 298, 239 S.W. 185, we should examine the record ,to determine whether any -other assignment presented by him in the Court of Civil Appeals presented reversible ¡error.

Defendant in error presents but one assignment in his motion for…