Owen v. Finigan

WALTER, Justice.

The judgment entered herein on May 22, 1964, is set aside and the original opinion is withdrawn. The following opinion is rendered in lieu thereof.

Walter Raleigh Finigan filed suit against Elby L. Owen for damages. The court rendered what the appellee refers to as a consent judgment in favor of Finigan. Owen has appealed contending that the court erred in rendering judgment because it does not meet the requirements of Rule 11, Texas Rules of Civil Procedure.

After a jury was selected, the attorneys announced in open court that they had reached a settlement. The matters alleged…