[DOWNLOAD] "French M. Robertson v. Blackwell Zinc Company" by The Supreme Court of Texas No. A-10536 * Book PDF Kindle ePub Free

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eBook details

• Title: French M. Robertson v. Blackwell Zinc Company
• Author : The Supreme Court of Texas No. A-10536
• Release Date : January 28, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Per Curiam The Court of Civil Appeals correctly held that there was a defect in parties defendant and that the judgment rendered by the trial court should be reversed and the cause remanded for new trial. 384 S.W.2d 752. The issue upon which this holding was based was properly presented by application for writ of error to the Court of Civil Appeals filed by parties not expressly named as defendants in the plaintiff's trial petition but considered as parties to the suit by the trial court under the doctrine of virtual reorientation. Rule 42. Texas Rules of Civil Procedure. Such parties did not participate in person or by attorney in the trial before the District Court and hence were not precluded from obtaining appellate review by writ of error because of the provisions of Article 2249a, Vernon's Ann. Tex. Stats. The holding [*] supports the order of reversal and remand and the application for writ of error to this Court is ""refused no reversible error."" Our action herein is not to be construed as approving or disapproving the other holdings contained in the opinion of the Court of Civil Appeals.

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