Webb v. Mitchell

On Motion for Rehearing

On motion for rehearing appellants assert that it was not their intention to waive their Points I and II. In view of this statement we will consider these points.

Point I presents appellants’ contention that the court erred in proceeding to trial without first acting on special exceptions to appellees’ petition. The record *761■does not reflect that the special exception was called to the attention of the trial ■court prior to rendition of judgment, in which event it was waived. Connor v. Boyd, Tex.Civ.App., 176 S.W.2d 212; Tarkington v. Continental Casualty Co.,…