On Motion for Rehearing.
By motion for rehearing, appellant urges reversal of the cause because costs were taxed against respondent individually. We do not so construe the judgment of the trial court, but do reform the judgment to make clear that costs are taxed against the respondent sued, and against whom the judgment was rendered. As stated in the original opinion, the respondent was M. J. Rodriguez in his official capacity as County Judge of Starr County. He was sued in his official and not in his individual capacity. Costs are adjudged against him in his official capacity rather than in his individual capacity. 20 C.J.S., Costs, § 116. The motion for rehearing is otherwise overruled.