Alamo Iron Works v. Prado

On Motion for Rehearing.

MOURSUND, J.

It is true, as contended by appellee, that our holding with reference to the time in which a bystanders’ bill of exceptions may be filed is not in accord with expressions contained in some recent opinions, as well as those rendered under different statutes. In view of this fact, we deem it proper to further discuss the question, in order that the reasons upon which we base our decision may be fully understood. We will also touch upon some of the other contentions pressed in the motion for rehearing.

Sections 101, 102, and 103 of the Practice Act of 1846…