Opinion

Humble Oil & Refining Co. v. Owings

  • 128 S.W.2d 67
  • 1939 Tex. App. LEXIS 1079
Court
Court of Appeals of Texas
Filed
Mar 31, 1939
Status
Published
On the bench
Speer
Cited by
8 cases

The opinion

On Motion for Rehearing.

The twenty-three plaintiffs below, and the appealing defendants, Humble Oil & Refining Company and Magnolia Petroleum Company, have heretofore filed motions for a rehearing in this cause, but subsequently filed a joint motion, calling our attention to the fact that we took no cognizance of the sixty or more defendants in the lower court who did not appeal. This was an oversight on our part and demands our attention at this time. The statements in *77 the original opinion concerning them, and that only the two above named defendants had appealed, make this obvious.

We therefore sustain the subsequent joint motion, set aside our former judgment and withdraw the last paragraph of our original opinion, and substitute therefor the following:

The judgment of the trial court entered in favor of plaintiffs against all defendants, except Humble Oil & Refining Company and Magnolia Petroleum Company, is hereby in all things affirmed. But as between plaintiffs and defendants, Humble Oil & Refining Company and Magnolia Petroleum Company, for reasons shown, and the joint motion filed by counsel for all said parties, including plaintiffs and the said appealing defendants, the judgment of the trial court is reversed and the cause remanded for another trial. Affirmed in part and reversed and remanded in part.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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