Mobile Pipe-Dill Ingham v. Stark

STEPHENSON, Justice.

This is the second appearance of this cause in this court, our prior opinion being reported under the same caption at 437 S.W.2d 359 (Tex.Civ.App. — Beaumont, 1969, no writ). Taking judicial notice of our own records in the prior appeal [1 McCormick and Ray, Second Edition, Texas Law of Evidence § 185, p. 205] we know that the mandate did not issue within twelve months after our judgment of reversal and remand. See Rule 445. On April 16, 1970, a new suit was instituted in the District Court of Newton County; and, a review of the petition discloses that it declared upon the…