Smith v. Paschal

The motion for rehearing filed by J. A. Paschal, defendant in error, in respect to the matters discussed in our original opinion (1 S. W. [2d] 1086) contains nothing that was not then considered. We have re-examined those questions, but we adhere to the conclusions formerly expressed.

The motion further presents error in our implied ruling against assignments (made in the Court of Civil Appeals [Paschal v. Hobby, 296 S. W. 336]) of error in failure of the trial judge to make and file conclusions of fact and law (article 2247, R. S. 1925), and of error in admission in evidence of the deposition…