Wm. D. Cleveland & Sons v. Smith
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Jasper County. Cleveland & Sons sued Smith and others in trespass to try title. On trial before the court, judgment was for defendants. Plaintiffs appealed, and on affirmance obtained writ of error.
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Error to the Court of Civil Appeals for the First District, in an appeal from Jasper County. Cleveland & Sons sued Smith and others in trespass to try title. On trial before the court, judgment was for defendants. Plaintiffs appealed, and on affirmance obtained writ of error. The case, filed in 1905, stood at the term preceding trial upon the nonjury docket, which, by order of the court, was set for trial on the first week of the succeeding term, for which week no jury was summoned. On the first day of that term, June 10, 1907, and at the first call of the nonjury docket, plaintiff demanded a…
1Opinion of the Court
"We are of opinion, however, that this error of the trial court does not require nor authorize a reversal of the judgment, because the undisputed evidence adduced upon the trial would have required a verdict in favor of the appellees, and if a jury had been impaneled to try the case it should have been instructed to find for the defendants. Such being the state of the evidence, no injury resulted to appellant from the refusal of the court to comply with its demand for a jury, and the error in refusing such demand was harmless.
ON MOTION FOR REHEARING.
"In holding, in the main opinion in this…
2Cited by12 opinions
- In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
- Echols v. WellsTexas Supreme Court · 1974
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
- Duvall v. SadlerCourt of Appeals of Texas · 1986
- Gibson v. Singer Sewing MacH. Co.Court of Appeals of Texas · 1912
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