McKinney v. Nacogdoches Independent School District

ON MOTION FOR REHEARING

Appellee, Nacogdoches Independent School District, urges on Motion for Rehearing that we erred in adjudging one-half of the court cost against the School District. We agree with this contention. No judgment for costs may be taxed against the school district. Article 7343 and 7297, V.A.T.S.; Electra Independent School Dist. v. W. T. Waggoner Estate, 140 Tex. 483, 168 S.W.2d 645; City of Waco v. O. O. Owens, 442 S.W.2d 324 (Tex.Sup., 1969). Accordingly, the judgment of this court will be reformed so as to adjudge all cost against appellant, R. W. McKinney.

In all other respects the Motion for Rehearing is overruled.