Silliman v. Oliver

This is the second appeal in this cause. Silliman v. Oliver et al. (Tex. Civ. App.) 233 S. W. 867. Upon the former trial the "court below directed a verdict for appel-lees, for whom judgment was accordingly rendered. Upon appeal that judgment was ordered reversed, upon the sole ground that the evidence raised certain issues of fact which should have been submitted to the jury. The Supreme Court refused writ of error prosecuted from that appeal. 240 S. W. xxi. Upon the second trial the cause was submitted to the court, without the intervention of a jury, upon the identical testimony adduced in…