Gulf, C. & S. F. Ry. Co. v. Kriegel

On Motion for Rehearing on Judgment Striking out Statement of Facts.

On a former day of the present term we sustained a motion to strike out the statement of facts in this case, for the reason that it was not in compliance with the rules in such case made and provided.

Appellant has filed a motion for rehearing on this judgment, in which, among other things, he quotes from our opinion herein to the effect that the rule with reference to the statement of facts has been flagrantly violated for years in this court, and without any action being taken thereon on our part, and says that we ought not make him and his client the victim of our determination to enforce this rule, without any warning having been given.

[3] We concede that there is some justice in this plea, and we therefore grant the motion for rehearing, and set aside our judgment striking out the statement of facts. We do not, however, withdraw our warning as to statements of facts of this character in the future.

Motion granted, and judgment striking out statement of facts set aside.