Western Union Telegraph Co. v. Hill

On Rehearing.

The action of the Supreme court in granting a writ of error in El Paso Electric Railway Co. v. Lee, 157 S. W. 748, indicates its disapproval of this court’s holding that rule 25 (142 S. W. xii) requires that assignments of error shall refer to that portion of the motion for a new trial in which the error is complained of. It therefore becomes our duty to pass upon the assignments of error herein, which we originally declined to do, because of their failure to comply with the rule indicated.

On February 26, 1910, appellee filed suit against the appellant to recover the sum of…