Ayoub v. Herold

3 Citing cases

  1. McFadden v. Bresler Malls Inc.

    526 S.W.2d 258 (Tex. Civ. App. 1975)   Cited 16 times
    In McFadden v. Bresler Malls, Inc., 526 S.W.2d 258 (Tex.Civ.App. Austin 1975, no writ), also relied upon by appellant, it was stated that the trial court in making an award of an attorney fee should consider the nature of the case, nature of the services rendered, amount of money involved, client's interest at stake, the amount of time devoted by the attorney, and the skill and experience reasonably needed to perform the services.

    Those cases are not in point. State of California Department of Mental Hygiene v. Bank of the Southwest National Association, 163 Tex. 314, 354 S.W.2d 576, 581 (1962); Ayoub v. Herold, 287 S.W.2d 539, 544 (Tex.Civ.App. El Paso 1955, writ ref. n.r.e.); Yelverton v. Brown, 412 S.W.2d 325, 328 — 29 (Tex.Civ.App. Tyler 1967, no writ); Arnold v. Crockett Independent School District, 389 S.W.2d 608, 609 (Tex.Civ.App. Tyler 1965, affmd. in part, rev. and remd. in part, Tex., 404 S.W.2d 27), citing Victory v. State, 134 S.W.2d 477, 481 (Tex.Civ.App. 1939, affmd.

  2. Yelverton v. Brown

    412 S.W.2d 325 (Tex. Civ. App. 1967)   Cited 8 times

    So far as this record shows, this contention was not raised in the trial court. The issue cannot be raised for the first time on appeal. State of California Department of Mental Hygiene v. Bank of the Southwest National Association, 354 S.W.2d 576, (Tex.Sup., 1962); Boatner v. Providence-Washington Ins. Co., 241 S.W. 136, (Tex.Com.App., 1922, opinion adopted); Ayoub v. Herold, 287 S.W.2d 539, (Tex.Civ.App., 1956, writ ref., n.r.e.); Hodge v. Ellis, 277 S.W.2d 900, (Tex.Sup., 1955); Clark v. Texaco, Inc., 382 S.W.2d 953, (Tex.Civ.App., Dallas, 1964, writ ref., n.r.e.); Moseley v. Texas and New Orleans Railroad Company, 346 S.W.2d 636, (Tex.Civ.App., Waco, n.r.e.). A reviewing court ordinarily will decline to consider questions not raised in the trial court.

  3. Price v. Price

    394 S.W.2d 855 (Tex. Civ. App. 1965)   Cited 11 times
    Holding that “[w]hen the house ... is destroyed by fire and there exists thereon a policy by insurance, the money arising therefrom stands in the place instead of such house ... The proceeds of the policy, therefore, take the place of the property loss”

    In addition, we think the appellant, Lavert Price, waived any right he had to complain of the division of the land made by the commissioners because he failed to make any objection thereto in the trial court. The only objection to the report of the commissioners was made by Arcie Price and he is not a party to this appeal. Appellant, Lavert Price, having made no complaint in the trial court of the portion of land allotted him, such complaint cannot be presented for the first time on appeal. State of Cal. Dept. of Mental Hygiene v. Bank of Southwest Nat. Ass'n, 163 Tex. 314, 354 S.W.2d 576; Ayoub v. Herold, 287 S.W.2d 539, (Tex.Civ.App.). The judgment is affirmed.