Huddleston v. Texas Pipe Line Co.
Court of Appeals of Texas
Appeal from Tarrant County Court; W. P. Walker, Judge. Action by the Texas Pipe Line Company against Dr. W. C. Huddleston and another. From a judgment for plaintiff, > defendants appeal.
1Opinion
On Motion for Rehearing.
BUCK, J.
[6, 6] In appellant’s motion for rehearing, he calls our attention to an error' "in tlie original opinion. It seems that he did have an assignment directed to the failure of the trial court to submit the issue of whether or not the plaintiff in this suit had a meritorious defense to defendant’s cause of action set up in cause No. 16684. But this issue, even if answered in the negative, was not controlling or binding upon the conscience of the trial court. The majority conclude that an independent suit for a new trial is an equitable proceeding, and that in case…
2Cases cited1 opinion
- Davis v. TerryTexas Supreme Court · 1870