Legal Opinion · Dissent

Hursey v. Hursey

Court of Appeals of Texas

Decided September 18, 1942No. 13223Published

1DissentBond, Chief Justice

The opinion by the majority in affirming the judgment of the trial court in disregarding the verdict of the jury (Issue 2) “That defendant did not execute to plaintiff the deed described in her amended petition prior to her marriage” finds, in my opinion, no support in law or reason. The exercise of power by a court to strike down jury verdicts on material controversial issues in suit, because, forsooth, they are unfavorable to the contention of one of the parties in litigation, severing and dismissing the issues and then rendering judgment on the remaining controversial issues, is beyond…

2Cases cited8 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. LarkinTexas Supreme Court · 1904
  2. Garitty v. HalbertCourt of Appeals of Texas · 1921
  3. Cornelius v. HarrisCourt of Appeals of Texas · 1914
  4. Corbett v. Raymondville Independent School Dist.Court of Appeals of Texas · 1932
  5. Robinson v. ShockleyCourt of Appeals of Texas · 1924

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