D. C. Hall Transport, Inc. v. Hard

Texas Supreme Court

D. C. Hall Transport, Inc. v. Hard

258 S.W.2d 117, 163 Tex. 504, 5 Tex. Sup. Ct. J. 404, 1962 Tex. LEXIS 713

CourtTexas Supreme Court

DecidedJune 6, 1962

DocketNo. A-8990

StatusPublished

Cited by8 cases

This text of 258 S.W.2d 117 (D. C. Hall Transport, Inc. v. Hard) 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

D. C. Hall Transport, Inc. v. Hard, 258 S.W.2d 117, 163 Tex. 504, 5 Tex. Sup. Ct. J. 404, 1962 Tex. LEXIS 713 (Tex. 1962).

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Opinion

PER CURIAM.

As to those fact issues discussed by the Court of Civil Appeals which are exclusively within its jurisdiction, such as the contention that the trial court’s findings are against the overwhelming preponderance of the evidence, this Court should not and does not express an opinion. We are, however, in agreement with and accordingly approve the decisions of law announced by the Court of Civil Appeals in its opinion. This Court may not refuse a writ of error outright unless the opinion of the [505]*505lower appellate court be one concerned exclusively with points over which this Court has jurisdiction. In other words, the opinion must be one which could properly be written or adopted by this Court. As the opinion of the Court of Civil Appeals (355 S.W. 2d 257) discusses fact issues not within this Court’s jurisdiction, the application for writ of error is refused, no reversible error. Article 5, Secs. 3 and 6, Constitution of Texas, Rule 483, Texas Rules of Civil Procedure, Watson v. Prewitt, 159 Texas 305, 320 S.W. 2d 815.

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PER CURIAM.

As to those fact issues discussed by the Court of Civil Appeals which are exclusively within its jurisdiction, such as the contention that the trial court’s findings are against the overwhelming preponderance of the evidence, this Court should not and does not express an opinion. We are, however, in agreement with and accordingly approve the decisions of law announced by the Court of Civil Appeals in its opinion. This Court may not refuse a writ of error outright unless the opinion of the [505]*505lower appellate court be one concerned exclusively with points over which this Court has jurisdiction. In other words, the opinion must be one which could properly be written or adopted by this Court. As the opinion of the Court of Civil Appeals (355 S.W. 2d 257) discusses fact issues not within this Court’s jurisdiction, the application for writ of error is refused, no reversible error. Article 5, Secs. 3 and 6, Constitution of Texas, Rule 483, Texas Rules of Civil Procedure, Watson v. Prewitt, 159 Texas 305, 320 S.W. 2d 815.

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Bluebook (online)

258 S.W.2d 117, 163 Tex. 504, 5 Tex. Sup. Ct. J. 404, 1962 Tex. LEXIS 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-c-hall-transport-inc-v-hard-tex-1962.

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