Bogart v. Cowboy State Bank & Trust Co.
Court of Appeals of Texas
Appeal from District Court, Fisher County; Jno. B. Thomas, Judge. Action by Cowboy State Bank & Trust Company against A. E. Bogart and wife, in which the National Stock Yards Bank of Ft. Worth and the Ft. Worth National Bank intervened, seeking judgments against the defendants Bogart. Judgment for interveners, and that defendants take nothing on their plea of homestead. Defendants aiipeal.
1Opinion
On Motion for Rehearing.
[12,13] Appellant insists that we erred in holding that, where there is a statement of facts in the record, the failure of the court to find a material fact necessary to support a conclusion of law is not reversible error. Upon further investigation, we find that this contention is correct. While it is the rule that the failure of the trial court to file findings and conclusions is not cause for which the courts have reversed judgments, when there is a statement of facts, the rule is equally well established that a conclusion of law going to the merits of the case must…
2Cases cited5 opinions
- West End Town Co. v. GriggTexas Supreme Court · 1900
- Farmer v. HaleCourt of Appeals of Texas · 1896
- Sanders v. SheranTexas Supreme Court · 1886
- Fields, Garnishee, and Scott v. RustCourt of Appeals of Texas · 1904
- Zachariae v. SwansonCourt of Appeals of Texas · 1903