Sovereign Camp, W. O. W. v. Shuford

On Motion for Rehearing.

In the opinion it is said: “The record does not show that appellant filed a motion to set aside the verdict of the jury or the entry of the judgment based thereon.” The motion calls our attention to the above inaccurate statement. In the statement of the nature and result of the suit, in its brief, and which appellee submitted was substantially correct, appellant said: “The court submitted the case on its merits to a jury upon special issues over defendant’s objections ‘after refusing defendant’s motion for instructed verdict.’ ” Without examining the statement more carefully, we understood the above-quoted portion of the statement as meaning that the motion for judgment was based on the verdict; but the motion for judgment was based upon the statement of nonpayment of dues, and not upon the verdict of the jury.

We think it would serve no useful purpose to discuss again the issues discussed in the opinion. We think the trial court entered the judgment that should have been entered.

Other than the above correction, the motion is overruled.