North v. Atlas Brick Co.

• Decision Date: 24 April 1929
• Docket Number: (No. 988-5145.)
• Citation: 16 S.W.2d 519
• Parties: NORTH v. ATLAS BRICK CO.
• Court: Texas Supreme Court

16 S.W.2d 519

NORTH v. ATLAS BRICK CO.

(No. 988-5145.)

Commission of Appeals of Texas, Section B.

April 24, 1929.

Error to Court of Civil Appeals of Eighth Supreme Judicial District.

Action by the Atlas Brick Company against Clarence Lupfer North. Judgments of the district court and the Court of Civil Appeals [2 S.W.(2d) 980] were reversed and the cause remanded by the Commission of Appeals [13 S.W.(2d) 59], and plaintiff moves to retax costs. Motion granted in part.

Goggin, Hunter & Brown and Lea, McGrady, Thomason & Edwards, all of El Paso, for plaintiff in error.

Turney, Burges, Culwell, Holliday & Pollard, J. U. Sweeney, W. H. Winter, W. H. Burges, and J. E. Quaid, all of El Paso, for defendant in error.

SPEER, J.

Plaintiff in error, Atlas Brick Company, has presented its motion asking that the costs heretofore awarded against it be retaxed against plaintiff in error, North. We think the motion should be granted in part, but in part only. Both parties presented applications for writ of error, both were granted, and both were sustained in different respects. It is proper, therefore, that the costs should be divided, and we accordingly recommend that the costs of the Court of Civil Appeals, including the transcript, statement of facts, and of the Supreme Court and Commission of Appeals, be taxed one-half against defendant in error, Clarence Lupfer North, and one-half against defendant in error, Atlas Brick Company.