O'Neal v. Clymer

*389ON MOTION FOR REHEARING.

In the written argument upon the motion for rehearing, it is urged that we should presume that the waiver of service and agreement for judgment was indorsed upon the petition after it was filed. As stated in the original opinion, we think the contrary is manifest from the recitals in the judgment. But this is put beyond cavil by the agreement of the parties, which is incorporated in the statement of facts. It is as follows: “It was agreed that plaintiff’s petition in cause No. 2194, County Court of Hunt County, Texas, J. M. Clymer v. J. C. O’Neal et al., under which…