Legal Opinion

Drake v. First Nat. Bank, Mercedes

Court of Appeals of Texas

Decided December 31, 1952No. 12488PublishedCited by 9 opinions

1Opinion of the Court

NORVELL, Justice.

This is an appeal from a summary judgment rendered for defendants in accordance with the provisions of Rule 166-A, Texas Rules of Civil Procedure. The purpose of the rule is not to decide issues of fact hut to ascertain if any genuine issues of fact exist, Rolfe v. Swearingen, Tex.Civ.App., 241 S.W.2d 236, and to eliminate unmeritorious claims and untenable defenses. Kaufman v. Blackman, Tex. Civ.App., 239 S.W.2d 422. When the pleadings and admissions establish that there is no genuine issue of fact in the case a summary judgment should be rendered. Farrall v. District of…

2Cases cited18 opinions

  1. Toebelman v. Missouri-Kansas Pipe Line Co.Court of Appeals for the Third Circuit · 1942
  2. Harding v. PearsonTexas Commission of Appeals · 1932
  3. Rolfe v. SwearingenCourt of Appeals of Texas · 1951
  4. Smith v. FerrellTexas Commission of Appeals · 1932
  5. Fowler v. Texas Employers' Ins. Ass'nCourt of Appeals of Texas · 1951

13 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Harang v. Aetna Life Insurance CompanyCourt of Appeals of Texas · 1966
  2. Moore v. MathisCourt of Appeals of Texas · 1963
  3. Waller v. Missouri City State BankCourt of Appeals of Texas · 1972
  4. Zapffe v. McElroyCourt of Appeals of Texas · 1963
  5. Hatter v. WorstCourt of Appeals of Texas · 1965

4 more not listed; retrieve them via the Exa API.

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