The opinion
On Motion for Rehearing.
On February 4, 1912, in a written opinion, this court reformed and affirmed a judgment rendered in this cause by the district court of Lubbock county, and the case is now before us on motions for rehearing, filed herein by Quinn & Quinn, by Agnew & Agnew, and by J. M. Patton, and on a motion, filed herein by Dickinson, Gibson & Quick, to reform our judgment as to costs.
An inspection of the record has led us to the conclusion that our former judgment was erroneous, in so far as we taxed the costs in this court and the trial court against Dickinson, Gibson & Quick, which arose as a result of H. C. Ferguson having at one time been made a party to the suit in the trial court; he afterward having been dismissed as a party therein.
All motions for rehearing will therefore be overruled, and the judgment formerly rendered by us be allowed to stand, except that *1001 the costs incurred in the trial court as a result of H. C. Eerguson haying been made a party, will he taxed against Agnew & Agnew, who brought said Ferguson into the case; and it is so ordered.