Legal Opinion

Habern v. Commonwealth National Bank of Dallas

Court of Appeals of Texas

Decided March 16, 1972No. 17816PublishedCited by 15 opinions

1Opinion of the Court

GUITTARD, Justice.

The question is whether legal conclusions under oath will support a summary judgment in the absence of objection in the trial court. We hold they will not.

Plaintiff Commonwealth National Bank of Dallas, Texas sued Applied Science, Inc., Sigma Systems Corporation and Calvin Habern on several notes. The petition alleges one note for $39,000 signed by Ha-bern on behalf of Applied Science, two notes signed by Habern on behalf of Sigma Systems, and one signed by Habern individually. Copies of the notes are attached to the petition. The ground for holding Habern on the notes of…

2Cases cited14 opinions

  1. Gibbs v. General Motors CorporationTexas Supreme Court · 1970
  2. Hidalgo v. Surety Savings and Loan AssociationTexas Supreme Court · 1971
  3. Youngstown Sheet & Tube Co. v. PennTexas Supreme Court · 1962
  4. Box v. BatesTexas Supreme Court · 1961
  5. Lotspeich v. Chance Vought AircraftCourt of Appeals of Texas · 1963

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3Cited by15 opinions

  1. City of Wilmer v. Laidlaw Waste System (Dallas), Inc., Texas Court of Appeals, 5th District (Dallas)1994
  2. Combs v. Fantastic Homes, Inc.Court of Appeals of Texas · 1979
  3. Ramirez v. Transcontinental Insurance Co.Court of Appeals of Texas · 1994
  4. Howe v. Kroger Co.Court of Appeals of Texas · 1980
  5. Progressive County Mutual Insurance v. Carway, Texas Court of Appeals, 14th District (Houston)1997

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