Opinion
Department Two
Appeal, by the defendant, Henry Jacob, from so much of the judgment as fails to give the said defendant a judgment for five hundred inches of water, etc., and from an order striking out certain items of said defendant's costs in the Superior Court of the County of Trinity. Jones, J.
COUNSEL
F. P. Dann and Clay W. Taylor, for Appellant.
John C. Burch, for Respondents.
OPINION
The Court:
We can not determine from the record before us that the Court erred in its order retaxing the appellant's costs, and the order is therefore affirmed.
The judgment is reversed, for reasons stated in Evans v. Jacobs, supra, and the cause remanded, with directions that the Court below proceed as it is directed to do in that case.