Cruz v. First Credit Corporation

BARROW, Justice.

I respectfully dissent.

The judgment shows that the trial court sustained appellee’s special exceptions and then sustained appellee’s motion for judgment on the pleadings. Since no evidence was introduced, there can be no statement of facts and there can be no presumption that the trial court found such facts as necessary to support the judgment. Box v. Bates, 162 Tex. 184, 346 S.W.2d 317.

The judgment provides in part:

“On this the 14th day of May, A.D., 1963, came on to be heard upon special setting, the above styled and numbered cause and came the Plaintiff and its attorney of…