Ehrhardt v. Ehrhardt

Court of Appeals of Texas

Ehrhardt v. Ehrhardt

368 S.W.2d 37, 1963 Tex. App. LEXIS 2321

Court of Appeals of Texas·Decided May 9, 1963·No. 4134·Published·Cited by 35 cases

Opinion

McDONALD, Chief Justice.

Plaintiff filed the instant case alleging she owned a ½ interest in certain real estate in Harris County. Trial was to a jury. At the conclusion of the evidence the Trial Court withdrew the case from the jury and entered judgment for defendant (except *38 for a ⅜6⅛ mineral interest in certain of the property; a ⅛⅛ mineral interest in certain of the property; and a contingent interest in certain other property; all of which defendants admitted that plaintiff owned).

Plaintiff appeals, contending that the Trial Court erred in taking the case from the jury, and in rendering judgment against her. Plaintiff has brought forward no Statement of Facts.

In the absence of a Statement of Facts, it must be presumed on appeal that sufficient evidence was introduced to support the findings and judgment of the Trial Court. Lane v. Fair Stores, 150 Tex. 566, 243 S.W.2d 683; First Nat. Life Ins. Co. v. Herring, C.C.A. (n.w.h.) 318 S.W.2d 119.

The judgment of the Trial Court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

McDONALD, Chief Justice.

Plaintiff filed the instant case alleging she owned a ½ interest in certain real estate in Harris County. Trial was to a jury. At the conclusion of the evidence the Trial Court withdrew the case from the jury and entered judgment for defendant (except *38 for a ⅜6⅛ mineral interest in certain of the property; a ⅛⅛ mineral interest in certain of the property; and a contingent interest in certain other property; all of which defendants admitted that plaintiff owned).

Plaintiff appeals, contending that the Trial Court erred in taking the case from the jury, and in rendering judgment against her. Plaintiff has brought forward no Statement of Facts.

In the absence of a Statement of Facts, it must be presumed on appeal that sufficient evidence was introduced to support the findings and judgment of the Trial Court. Lane v. Fair Stores, 150 Tex. 566, 243 S.W.2d 683; First Nat. Life Ins. Co. v. Herring, C.C.A. (n.w.h.) 318 S.W.2d 119.

The judgment of the Trial Court is affirmed.

Ehrhardt v. Ehrhardt, 368 S.W.2d 37, 1963 Tex. App. LEXIS 2321 (Tex. Ct. App. 1963).

Pincite

368 S.W.2d 37 (Ehrhardt v. Ehrhardt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related