Hendrick v. Blount-Decker Lumber Co.
Court of Appeals of Texas
Appeal from District Court, Cherokee County; L. D. Guinn, Judge. Action by H. R. Hendrick against the Blount-Decker Lumber Company and others. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtHodges, J.
This appeal is from a verdict rendered for the defendants in response to a peremptory instruction. There is an absence from the record of any written objection to the charge of the court made before it was read fo the jury as required by statute; and unless the error here assigned is fundamental, or one apparent from the face of the record, it cannot be considered. There is among the Courts of Civil Appeals an irreconcilable conflict upon this particular question. See the cases collected in 18 Encyclopedic Digest, p. 553. Some of them hold that the giving of a perenrptory instruction is an…
2Cases cited4 opinions
- Houston Oil Co. of Texas v. KimballTexas Supreme Court · 1910
- Western Union Telegraph Co. v. HudsonTexas Supreme Court · 1910
- Wilson v. JohnsonTexas Supreme Court · 1900
- Oar v. DavisTexas Supreme Court · 1912
3Cited by17 opinions
- Isbell v. LennoxTexas Supreme Court · 1927
- Indemnity Ins. Co. of North America v. SparraCourt of Appeals of Texas · 1932
- Isbell v. LennoxCourt of Appeals of Texas · 1920
- Port City Lumber Co. v. MarkellCourt of Appeals of Texas · 1928
- Sid Westheimer Co. v. PinerCourt of Appeals of Texas · 1922
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