San Antonio & A. P. Ry. Co. v. Shankle & Lane

On Motion for Rehearing.

[6] The Missouri, Kansas & Texas Railway Company of Texas hás filed its motion for rehearing, asking us to set aside the general order of reversal in this case and affirm the judgment below as to it, on the ground that the trial court rendered judgment in its favor. The record, however, shows that no appeal was taken from the judgment in its favor, the appeal bond having been made payable alone to the appellees, Shankle & Lane; therefore it.was not technically necessary to have restricted the order of reversal to Shankle & Lane, because this was the legal effect of such reversal.

Rut, in order to relieve the case of all doubt, the motion of the Missouri, Kansas & Texas Railway Company of Texas is granted, and the judgment is ordered affirmed as to it, but to stand reversed as heretofore ordered in favor of appellant, the San Antonio & Aransas Pass Railway Company.