Legal Opinion · Dissent

Denbow v. Standard Accident Insurance

Texas Supreme Court

Decided March 14, 1945No. A-405Published

1DissentJustice Sharp

I disagree with that .part of the majority opinion which holds that a violation of Rule 295, which requires the trial court in the event of conflict in the jury’s findings to call the jury’s attention thereto in writing and send them back for further deliberation, is not reversible error because of the provisions of Rule 434.

Article 2207 of the Revised Statutes of 1925 was the original basis for Rule 295. That Article reads as follows:

“Art. 2207.. Defective verdict. — If the verdict is informal or defective, the court may direct it to be reformed at the bar. If not responsive to the issue…

2Cases cited19 opinions

  1. Missouri, Kansas & Texas Railway Co. v. HannigTexas Supreme Court · 1897
  2. Bell v. BlackwellTexas Commission of Appeals · 1926
  3. Southern Traction Co. v. WilsonTexas Commission of Appeals · 1923
  4. Golden v. OdiorneTexas Supreme Court · 1923
  5. Texas Midland R.R. Co. v. ByrdTexas Supreme Court · 1909

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