Smalley v. Paine
Court of Appeals of Texas
8. —Findings of Fact—Statement of Facts. Appeal from the District Court of Williamson County. Tried below before Hon. 0. A. Wilcox. The judgment appealed from was first reversed and rendered in part and affirmed in part, in an opinion by Mr. Justice Bice. The opinion •following was rendered on rehearing, Justice Bice dissenting and adhering to his conclusion expressed in the original opinion.
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8. —Findings of Fact—Statement of Facts. Appeal from the District Court of Williamson County. Tried below before Hon. 0. A. Wilcox. The judgment appealed from was first reversed and rendered in part and affirmed in part, in an opinion by Mr. Justice Bice. The opinion •following was rendered on rehearing, Justice Bice dissenting and adhering to his conclusion expressed in the original opinion. The decision of the majority having been approved by the refusal of a writ of error by the Supreme Court, only that opinion has been designated to be reported.
1Opinion of the Court
OPINION ON MOTION FOR REHEARING.
KEY, Chief Justice.
At a former day of this term this court reversed the judgment of the trial court, in so far as it affected appellant, Mrs. M. E. Smallejr, and rendered judgment for her for the tract of land in controversy. The nature of the suit and the reason for the conclusion then reached are set out in the former opinion of this court. Appellees have presented a motion for rehearing, and, after careful consideration, a majority of the court have reached the conclusion that this court fell into error in its former decision and that the judgment of the…
2Cases cited10 opinions
- Oury v. SaundersTexas Supreme Court · 1890
- Parker v. G. Y. Coop.Texas Supreme Court · 1883
- Evans v. OppermanTexas Supreme Court · 1890
- King v. GillelandTexas Supreme Court · 1883
- Torrey v. CameronTexas Supreme Court · 1889
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3Cited by25 opinions
- Miller v. Fenner, Beane & UngerleiderCourt of Appeals of Texas · 1935
- Wright v. WrightTexas Supreme Court · 1939
- Hand v. ErringtonCourt of Appeals of Texas · 1921
- Ellerd v. EllisonCourt of Appeals of Texas · 1914
- Redwine v. ColemanCourt of Appeals of Texas · 1934
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