Koonce v. City of Mesquite

ON MOTION FOR REHEARING

The Appellant has filed his Motion for Rehearing, complaining of our holding that he had not shown diligence in obtaining a Statement of Facts and that the failure to obtain a Statement of Facts must be assigned as error and presented by a Bill of Exception. After careful consideration of Appellant’s Motion for Rehearing, we remain convinced of the correctness of our previous holding. As additional authority on the point that the failure to obtain a Statement of Facts must be presented by a Bill of Exception and assigned as error, we cite the case of Comer v. Farrell,…