Richards v. Boettcher

ON MOTION FOR REHEARING

Appellees insist in their motion for rehearing that they had met their burden of proof of establishing the identity of the heirs of Mrs. F. J. Richards “because the answers to appellees’ interrogatories were on file which set out this information and the trial court is presumed to have read pleadings on file in the cause tried before it.

In a jury trial or trial to the court, answers to interrogatories made pursuant to Rule 168, Texas Rules of Civil Procedure must be introduced into evidence in order to be of any probative value. Such answers are not to be treated as…