H. E. White v. C. B. Erwin

Mr. Judge German

of the Commission of Appeals delivered the opinion for the Court.

The Court of Civil Appeals reversed and remanded this cause because of a remark inadvertently made in the presence of the jury by the presiding judge. 97 S. W. (2d) 707. Writ of error was granted in favor of plaintiff in error White because the Court was inclined to the opinion that the remark did not constitute reversible error. Writ of error in favor of defendant in error Erwin was granted solely because of granting the writ in favor of White.

On examination of the pleadings we find that Erwin as plaintiff in…