Katy State Bank v. Katy Bank, Unincorporated

On Appellant’s Motion for Rehearing.

Appellant, having assigned error on the failure of the trial judges to comply with its request that he reduce his findings of fact and conclusions of law to writing and make same a part of the record, complains because the assignment was ignored in the opinion disposing of the appeal. We 'did not think there was any merit in the assignment, because it appeared from the judge’s qualification of the bill of exceptions presenting the matter that appellant’s request that he make and file such findings and conclusions was not called to the judge’s attention until after the expiration of the time allowed him in which to comply with such a request. Art. 2075, Vernon’s Statutes. Under such circumstances it is held a party has no right to complain that the court did not comply with his request. Foundry Co. v. Dilley (Tex. Civ. App.) 140 S. W. 496; Overton v. Colored Knights of Pythias, 173 S. W. 472; Barfield v. Emery, 107 Tex. 306, 177 S. W. 952.

The motion is overruled.