Coker v. Mitchell

Texas Supreme Court

Coker v. Mitchell

535 S.W.2d 175, 19 Tex. Sup. Ct. J. 262, 1976 Tex. LEXIS 205

CourtTexas Supreme Court

DecidedMarch 31, 1976

DocketB-5784

StatusPublished

Cited by5 cases

This text of 535 S.W.2d 175 (Coker v. Mitchell) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coker v. Mitchell, 535 S.W.2d 175, 19 Tex. Sup. Ct. J. 262, 1976 Tex. LEXIS 205 (Tex. 1976).

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Opinion

PER CURIAM.

The Court of Civil Appeals (531 S.W.2d 204) has properly followed the rule of Smith v. Columbian Carbon Co., 145 Tex. 478, 198 S.W.2d 727 (1947), and allowed a non-suit sought in the trial court by the plaintiffs *176 prior to announcement by the judge in open court that defendant’s motion for instructed verdict would be granted. Under the rule in effect when this case was tried and when the Court of Civil Appeals opinion was written, the plaintiffs had the right to take the non-suit even though all parties had closed the presentation of evidence and the judge had informed them in chambers of his intention to grant the defendant’s motion. The application is therefore refused, no reversible error. It should be noted that Rule 164, Tex.Rules Civ.Proe., as amended January 1, 1976, now allows plaintiff the right to a non-suit only until his own case-in-chief is rested.

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PER CURIAM.

The Court of Civil Appeals (531 S.W.2d 204) has properly followed the rule of Smith v. Columbian Carbon Co., 145 Tex. 478, 198 S.W.2d 727 (1947), and allowed a non-suit sought in the trial court by the plaintiffs *176 prior to announcement by the judge in open court that defendant’s motion for instructed verdict would be granted. Under the rule in effect when this case was tried and when the Court of Civil Appeals opinion was written, the plaintiffs had the right to take the non-suit even though all parties had closed the presentation of evidence and the judge had informed them in chambers of his intention to grant the defendant’s motion. The application is therefore refused, no reversible error. It should be noted that Rule 164, Tex.Rules Civ.Proe., as amended January 1, 1976, now allows plaintiff the right to a non-suit only until his own case-in-chief is rested.

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Bluebook (online)

535 S.W.2d 175, 19 Tex. Sup. Ct. J. 262, 1976 Tex. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coker-v-mitchell-tex-1976.

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