Legal Opinion
Harvey v. Elder
Court of Appeals of Texas
Decided November 21, 1945No. 11563PublishedCited by 43 opinions
1Opinion of the Court
NORVELL, Justice.
This is a malpractice case. Judgment below was for the defendant, Dr. N. A. Elder. Mrs. Hattie B. Harvey, the appellant, asserts here that the trial court erred in giving a peremptory instruction to the jury, for the reason that the motion therefor did not comply with the provisions of Rule 268, Texas R.C.P., which requires that, “A motion for directed verdict shall state the specific grounds therefor.”
The motion filed in this case did not meet the requirements of the rule, and had the judge overruled the same, a point of error in an appellate court could not be predicated…
2Cases cited7 opinions
- Parker v. SchrimsherCourt of Appeals of Texas · 1914
- Wright v. CareyCourt of Appeals of Texas · 1943
- Pioneer Building & Loan Ass'n v. JohnstonCourt of Appeals of Texas · 1938
- Rudco Oil & Gas Co. v. Gulf Oil Corp.Court of Appeals of Texas · 1943
- Atlantic Greyhound Corp. v. McDonaldCourt of Appeals for the Fourth Circuit · 1942
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Deutsch v. Hoover, Bax & Slovacek, L.L.P., Texas Court of Appeals, 14th District (Houston)2003
- Johnson v. Whitehurst, Texas Court of Appeals, 1st District (Houston)1983
- Walter E. Heller & Company v. AllenCourt of Appeals of Texas · 1967
- Rockett v. Texas State Board of Medical ExaminersCourt of Appeals of Texas · 1956
- Wood v. PaulusCourt of Appeals of Texas · 1975
38 more not listed; retrieve them via the Exa API.