Fitzgerald v. Lane

On Motion for Rehearing.

With the filing by appellants of their motion for rehearing they also filed a motion for certiorari to 'perfect the record so as to show that the trial court in fact heard and overruled their motion for new trial. Under rules 1 and 22 governing Courts of Civil Appeals (142 S.W. x and xii), we were somewhat in doubt of our authority to permit an amendment of the record after submission and after the decision of the case, based upon the assumption that the motion for new trial was not acted upon by the trial court. Upon a consideration of the opinions in Patrick v.…