McKean McNeal v. Martin

On Appellants’ Motion for Rehearing.

We think the conclusion reached that the trial court did not err when he overruled the plea of privilege was in conformity to law established in this state by cases cited in the opinion, but have concluded after further consideration that said court did not have a right to try the case on its merits pending the appeal from the judgment overruling said plea. We were wrong in assuming that the question as to the court’s right to try the case on the merits had been decided contrary to appellants’ contention in Halliday v. Crews (Tex. Civ. App.) 237 S. W. 600.…