Johnson v. Galloway

I agree with the conclusion reached by the majority but I do not agree with the reasons stated to support that conclusion and for that reason I respectfully record my dissent.

The order of November 10, 1954, granting appellees a nonsuit was unauthorized and is a nullity. This action (the filing of the application and the order granting it) was taken after the trial court had entered its orders on appellees’ prior applications. See Rule 164, Texas Rules of Civil Procedure. Such action was also taken at a term of court subsequent to the' term, at which the prior applications were heard and…