Legal Opinion

Howell v. Loftis

Court of Appeals of Texas

Decided February 25, 1957No. 6655PublishedCited by 4 opinions

1Opinion of the Court

CHAPMAN, Justice.

This is an appeal from a judgment ren•dered for R. I. Loftis, appellee, against •Grover Howell, appellant, for $244.77.

The case is before us without oral argument and without a brief on behalf of appellee.

The courts have interpreted Rule 419, Texas Rules of Civil Procedure, to mean that where appellee filed no brief and did not avail himself of oral argument, Court •of Civil Appeals must assume as true all facts stated by appellants in their brief and render judgment in conformity therewith. Doherty v. Jensen, Tex.Civ.App., 174 S.W.2d 77, reversed in part on other grounds,…

2Cases cited11 opinions

  1. Pearson v. DohertyTexas Supreme Court · 1944
  2. Doherty v. JensenCourt of Appeals of Texas · 1943
  3. Shaver v. HughesCourt of Appeals of Texas · 1948
  4. Ryan v. JohnsonCourt of Appeals of Texas · 1926
  5. Bailey-Moline Hardware Co. v. Modern Woodmen of AmericaCourt of Appeals of Texas · 1935

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Southwestern Investment Company v. AllenTexas Supreme Court · 1959
  2. Midcon Pipeline Equipment Co. v. SmithCourt of Appeals of Texas · 1981
  3. Fields v. PayneCourt of Appeals of Texas · 1961
  4. Bailey v. ParkerCourt of Appeals of Texas · 1957

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