Reeves v. Bomar

On Motion for Behearing.

[3] We have concluded that the motion of appellees Noah Harding, Ft. Worth National Bank, Traders’ National Bank, American Exchange National Bank, Texas Bank & Trust Company, Adoue & Lobit, and the Citizens’ State Bank for a rehearing should be granted to the extent of remanding the cause for another trial as to the issues involved in their cross-action against appellants. The reason given by the trial court for not rendering judgment on the merits was, in substance, that the facts were not fully developed. Under these circumstances it is, perhaps, our duty to remand rather than to render, even though the complaining appellees have not briefed the point thus raised by appellants.

Appellees’ motion is therefore granted to the extent indicated but otherwise overruled.