Cobb Brick Co. v. Lindsay

On Motion for Rehearing.

This suit was instituted under title 70, articles 4694 to 4704a, commonly known as the death statute. On May 27, 1925, we affirmed the judgment of the trial court. Thereafter, and for the first time at any stage of the proceedings in the case, appellant filed a motion suggesting fundamental error apparent of record, in that, at the time of the death of appellee’s husband, which was alleged to have been caused by the wrongful act of appellant, and at the time of the trial of the case, the deceased’s father was living and was not made a party to the suit, nor was the…