Rogers v. Royalty Pooling Company

An examination of the application for writ of error and the record convinces us that the Court of Civil Appeals correctly held the trial court to have erred in granting the motion for summary judgment of the plaintiff Rogers (our petitioner here) and in denying the corresponding motion of the defendants (respondents here). 300 S.W. 2d 665.

At the same time the appellate court, while correctly reversing, on the merits, the summary judgment rendered for the petitioner (appellee), erred in going further and rendering judgment for the respondents (appellants), since no appeal lay from the order of…