Legal Opinion

Davis v. Hughes Drilling Co.

Court of Appeals of Texas

Decided November 1, 1983No. 9203PublishedCited by 6 opinions

1Opinion of the Court

BLEIL, Justice.

James Davis appeals by writ of error. He contends that the trial court erred in granting a summary judgment. We agree and reverse.

Hughes Drilling Company filed suit on a sworn account. Davis duly answered. Hughes moved for summary judgment August 25, 1982 and the trial court set a hearing on the motion for October 4. Davis opposed the motion by asserting the defense of payment and attached an affidavit. The summary judgment motion was heard and granted November 15.

Initially, we determine whether Davis can proceed by writ of error. To do so the action must be (1) brought within…

2Cases cited5 opinions

  1. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  2. Wilcox v. St. Mary's University of San Antonio, Inc.Texas Supreme Court · 1975
  3. Brown v. McLennan County Children's Protective ServicesTexas Supreme Court · 1982
  4. Thacker v. ThackerCourt of Appeals of Texas · 1973
  5. Alejo v. PellegrinCourt of Appeals of Texas · 1981

3Cited by6 opinions

  1. First Dallas Petroleum, Inc. v. Hawkins, Texas Court of Appeals, 5th District (Dallas)1987
  2. Bowles v. CookCourt of Appeals of Texas · 1995
  3. Jarnail Maan, D/B/A Hop N Shop v. First ATM, Inc., Texas Court of Appeals, 3rd District (Austin)2008
  4. Jarnail Maan, D/B/A Hop N Shop v. First ATM, Inc., Texas Court of Appeals, 3rd District (Austin)2008
  5. Richard Luna, Individually and D/B/A Richard's MacHine Services v. Daniel C. Runyon and Auto, Bus & Truck, LP, Texas Court of Appeals, 3rd District (Austin)2008

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