Legal Opinion

Shumaker v. Byrd

Court of Appeals of Texas

Decided December 22, 1920No. 5890Published

Appeal from District Court, McLennan County; E. J. Clark, Judge. Suit by Moses Byrd against Nora Shu-maker and others. Judgment for plaintiff on directed verdict, and defendants appeal.

1Opinion of the CourtKey, C. J.

At a former term of this court, the judgment of the trial court was affirmed. See 203 S. W. 461. As will be seen by the former opinion of this court, we held that, inasmuch as appellants had not filed any objections in the trial court to the action of that court in peremptorily instructing a verdict against them, they had waived their right to complain of that charge on appeal.

The Supreme Court differed with us upon that point, and reversed and remanded the case to this court; the mandate of that court being filed in this court December 1, 1920. 216 S. W. 862.

In conformity with the opinion of…

2Cases cited2 opinions

  1. Shumaker v. ByrdTexas Supreme Court · 1919
  2. Shumaker v. ByrdCourt of Appeals of Texas · 1918

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