Allen v. Denman

On Motion for Rehearing.

The appellee insists that this court erred in reversing and rendering the judgment, and insists that the Court of Civil Appeals is not authorized, in cases of this character, to reverse the judgment of the trial court based upon the jury’s findings upon special issues and render a judgment for the appellant. Under R. S. 1925, art. 1856, this court is authorized, when the judgment of the trial court shall be reversed, to proceed to render such judgment as the court below should have rendered, except when it is necessary that some matter of fact be ascertained on the…