Dubois v. Lowery

2 Citing cases

  1. Johnson v. Hodges

    121 S.W.2d 371 (Tex. Civ. App. 1938)   Cited 4 times

    The Supreme Court has held, in Blackmon v. Trail, 12 S.W.2d 967, in considering an assignment of error that necessitated an examination of the entire Statement of Facts in order to determine its merits [page 968]: "If it be conceded, as it must be, that the Court of Civil Appeals is not required to consider such an alleged error, it necessarily follows that that court has no power to consider such an error, even though it should elect to do so." See, also, Texas Ind. Ins. Co. v. Dean, Tex. Civ. App. 77 S.W.2d 748; First Nat. Bank v. Hardtt, Tex. Civ. App. 204 S.W. 712, writ refused; Freeman v. Bennett, Tex. Civ. App. 195 S.W. 238, writ refused; Dubois v. Lowery, Tex. Civ. App. 205 S.W. 858, writ refused; Prince Line, Ltd. v. Steger, Tex. Civ. App. 210 S.W. 223, writ refused and Foster Lumber Co. v. Rodgers, Tex. Civ. App. 184 S.W. 761, writ refused. If we are privileged to disregard the mandate of the Supreme Court, which we quoted, supra, and if we are permitted to consider the assignment of error, we can find no reversible error because we do not believe the evidence, as between Hodges and appellant, Henry Johnson, raises any issue of unavoidable accident, and if it could be said that the issue was raised by the evidence as between Hodges and Johnson Bros., it is harmless, in that the jury found Johnson Bros. free from negligence, and Hodges makes no complaint of the judgment absolving Johnson Bros. from all blame.

  2. The Praetorians v. Redmon

    93 S.W.2d 607 (Tex. Civ. App. 1936)   Cited 1 times

    Finding no fundamental error, the judgment of the trial court is affirmed. Freeman v. Bennett (Tex.Civ.App.) 195 S.W. 238, writ refused; First Nat. Bank v. Hardtt (Tex.Civ.App.) 204 S.W. 712, writ refused; Dubois v. Lowery (Tex.Civ.App.) 205 S.W. 858, writ refused; Prince Line, Ltd., v. Steger (Tex.Civ.App.) 210 S.W. 223, writ refused. On Motion for Rehearing.