Whelan v. State

Appellants, the defendants below, were successful in their appeal in the above styled and numbered cause, reported in Tex.Civ.App., 252 S.W.2d 271; namely, the judgment rendered against them in the trial court was in all respects reversed and the cause remanded to the trial court.

The judgment entered in this court on October 9, 1952, decreed that appellees, the State of Texas, Harrison County and Harl-eton C.S.D. No. 18, Harrison County, Texas, pay all costs of the appeal.

In so taxing the costs, this court was in error. Art. 7333, V.A.R.C.S. of Texas stipulates that in tax suits as here…