Classen v. Elmendorf
Texas Supreme Court
Certificate of dissent, from Court of Civil Appeals, Fourth District, in an appeal from the District Court of Bexar County. Elmendorf et al. sued Classen and recovered judgment in the District Court which, on defendant’s appeal, was reversed upon plaintiff’s failure to file remittitur in accordance with the opinion of the majority of the court, Fly, J., dissenting.
Read the full summary
Certificate of dissent, from Court of Civil Appeals, Fourth District, in an appeal from the District Court of Bexar County. Elmendorf et al. sued Classen and recovered judgment in the District Court which, on defendant’s appeal, was reversed upon plaintiff’s failure to file remittitur in accordance with the opinion of the majority of the court, Fly, J., dissenting. The majority and dissenting opinions and the points of dissent certified are not found in the record as it has reached the Reporter. The opinions are published in 37 S. W. Reporter, 345.
1Opinion of the Court
This case comes to us upon a certificate of dissent from the Court of Civil Appeals of the Fourth Supreme Judicial District. Having examined the question upon which the judges of that court differed, we are of the opinion, that the decision of the court is correct. The grounds for this conclusion are well stated by Chief Justice James, who wrote for the majority of the court, and we have nothing to add to that opinion.
Our conclusion will be so certified.
ON MOTION FOR RE-HEARING.
2Cited by4 opinions
- Glenn v. Dallas County Bois D'Arc Island Levee Dist.Court of Appeals of Texas · 1926
- St. Louis Southwestern Railway Co. v. GrovesCourt of Appeals of Texas · 1906
- Elmendorf v. ClassenTexas Supreme Court · 1899
- Biggers v. Continental Bus System, Inc.Texas Supreme Court · 1957