Smith v. El Paso N.E. R. Co.

On Motion for Rehearing., Appellant and appellees each file a motion for rehearing. We will first, consider appel-lees’ motion.

Error is assigned to the opinion holding that appellees were entitled only to six peremptory challenges. Appellees neither discuss nor refer to any authority to sustain their contention. The authorities referred to in the opinion, we think, sustain the view there expressed. The statute (Rev. St. 1925, art. 2148), in civil cases, expressly allows six peremptory challenges to “each party.” Party does not mean person. Several defendants having identical interests in the…