Coward v. Gateway National Bank of Beaumont

(dissenting on rehearing)-

Upon reconsideration of the question presented by this appeal, I now withdraw my concurrence in the affirmation of the cause and register my dissent to the affirmation of the summary judgment. In doing so, I particularly disavow the statement in the majority opinion on rehearing that “the primary question for determination ... is whether or not a summary judgment is a ‘non-jury case’ in the sense that term is used in Art. 2226.” The primary question is the same as that which has always confronted this court: Did plaintiff establish, as a matter of law, its right to…