On Rehearing.
Appellant challenges, among other things, our statement that “appellant does not attack the judgment as being excessive and not supported by pleadings and evidence”, and cites us to his assignments of error 8, 9, 47 and 48, and directs us to read, as though we had not already done so, pages 7 through 12 of appellant’s brief. We revert to the assignments and pages referred to and still fail to see where appellant attacks the amount of judgment as being excessive, and not supported by pleadings and evidence. The assignments referred to make no mention of the excessiveness of the judgment rendered on findings of the jury, but deal exclusively with the -misnomer, or assumed name, employed by the plaintiff in bringing the suit. We think this is far afield from attacking the amount of the recovery as not finding support in pleadings and evidence..
*659The statement complained of was directed to the issue that no prejudice resulted from improper argument of appellee’s counsel, essential for reversal of the case. The statement was not intended to imply that appellant did not attack the judgment because of the misnomer, and other matters complained of; it clearly shows the purpose, but, to make our position clear, we reconstruct the expression to read “appellant does not attack the amount of the judgment as being, excessive and not supported by pleadings and evidence”. This reflects the record.
Appellant’s motion for rehearing is overruled.