Legal Opinion · Dissent

McCormick v. Stowe Lumber Company

Court of Appeals of Texas

Decided April 11, 1962No. 10938Published

1DissentHughes, Justice

The majority opinion herein completely stuns my sense of justice. It does these things:(1) It obliterates the first rule of rules of civil procedure1 which provides that, “The proper objective of rules of civil procedure [are] to obtain a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law.”(2) It violates Rule 90 which says that “general demurrers shall not be used.”(3) It denies the right of amendment guaranteed by Rule 63.(4) It denies application of Rule 65 which provides that an amended pleading takes the place of…

2Cases cited9 opinions

  1. Womack v. Allstate Insurance CompanyTexas Supreme Court · 1956
  2. Whitaker v. ColemanCourt of Appeals for the Fifth Circuit · 1940
  3. Rossiter v. VogelCourt of Appeals for the Second Circuit · 1943
  4. Jud v. City of San AntonioTexas Supreme Court · 1945
  5. Andrews v. Austin Motor Truck Co.Court of Appeals of Texas · 1953

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