Craven v. Davison

On Motion for Rehearing.

The statement on the concluding page of the original opinion that the trial court sustained a special exception to appellant’s cross-action for amounts alleged to be due him from appellee on a separate transaction in Colorado county is an inaccuracy of recitation, but there is no error of material substance in it. While no special exception to it was sustained, the court did, on objection that the matter had no proper support in the pleadings of the appellee, decline to receive testimony offered under it. We think this action was proper.

The motions of both parties for rehearing have been carefully considered, but in our opinion should be overruled. It will be so ordered.

Overruled.